DA to challenge Presidency’s decision to hide findings into alleged arms shipment to Russia

david shedrack June 5, 2023 in Politics - 3 Minutes

by David Shedrack

The Presidency has announced its intention to not release the findings of an independent panel into allegations the country loaded arms and ammunition onto a Russian vessel.
The DA has since sought legal advice to challenge this decision and ensure the truth is made public.
Party leader John Steenhuisen has accused President Cyril Ramaphosa of protecting the ANC and jeopardising the country’s global status.

In pursuit of transparency, the DA is set to challenge President Cyril Ramaphosa’s decision to withhold a panel’s findings into whether South Africa loaded arms and ammunition onto a Russian ship last year.

The party has been front and centre in saying the South African government supplied weapons to Russia.

DA leader John Steenhuisen released a statement on Sunday following the revelation Ramaphosa intended to conceal the independent panel’s findings.

Ramaphosa’s spokesperson, Vincent Magwenya, told News24 the terms of reference for the inquiry would not be gazetted or published.

“The investigation covers issues of national security and classified information, which is protected from disclosure,” he said.

Magwenya added Ramaphosa had instituted an investigation by an independent panel which is chaired by a retired judge, and it was not a commission of inquiry.

“This inquiry has been instituted in a similar manner the inquiry that investigated the July 2021 riots in KwaZulu-Natal and Gauteng and the value of its report remains unchallenged.

“The panel will be supported in gathering the information that is necessary to fulfil its mandate by letters from the president instructing all relevant government entities as identified by the panel to cooperate fully with the panel or face disciplinary sanction,” he said.

Magwenya added the panel members would be independent.

“The work of the panel will not be public, nor will its report be made public. The president will speak to any actions that may result with respect to national security. This is provided for within our secrecy laws as per the nature of this matter,” he said.

The investigation will be conducted by a three-member independent panel appointed by the Ramaphosa.

It will be led by retired Deputy Justice Phineas Mojapelo, advocate Leah Gcabashe, and former justice minister Enver Surty.

The panel will finalise its investigation into the allegations within six weeks of its appointment.

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The decision to establish the panel came after US Ambassador Reuben Brigety accused South Africa of loading ammunition onto a Russian ship at Simon’s Town last year.

Steenhuisen has accused Ramaphosa of being aware “of incriminating information that he wants to hide from public view to protect his ANC government”, saying this explained his “sudden” announcement.

The DA has since submitted a Promotion of Access to Information Act request to gain access to the panel’s terms of reference.

It has also sought legal advice on challenging the decision, stating the DA would not allow Ramaphosa to hide the truth.The statement read:

To protect South Africans from the economic fallout of Ramaphosa’s planned coverup, the DA will not leave this secrecy unchallenged. We have already submitted an application in terms of the Promotion of Access to Information Act to obtain a copy of the panel’s terms of reference. And we are obtaining legal advice to challenge Ramaphosa’s plan to hide the report once it is complete.

Steenhuisen said Ramaphosa doing so would “undermine the ability of prosecutors and the public to hold guilty parties accountable for any such violations of the law”.

He added the president’s decision would impact the rand and South Africa’s global standing.

“Hiding this report from public view will rob the people of South Africa – and of the world – from the opportunity to see the full facts of this matter.

“Refusing to disclose the complete picture of how the ANC-led government allegedly smuggled weapons to arm Russia’s war in Ukraine and various parts of Africa will also undermine the very purpose of the investigation.”