"Mbeki appears to have violated section 201 of the Constitution, which requires him to inform Parliament or the appropriate parliamentary oversight committee of any employment of the South African National Defence Force," DA leader Tony Leon said in a statement.
Leon said it appeared Mbeki had approved the employment of a South African Air Force (SAAF) aircraft to take arms and equipment to the Caribbean island "for the use of the Haitian Police Force in support of then-President Jean-Bertrand Aristide".
"The Democratic Alliance has established, through contact between DA Chief Whip Douglas Gibson and the office of the Secretary of Parliament, that President Mbeki failed to inform the relevant parliamentary oversight committee (in this case, the Joint Standing Committee on Defence, or alternatively the Portfolio Committee on Defence) of the employment of the SAAF aircraft within seven days of that employment, as required by the Constitution".
In terms of the Defence Act, the president also has to inform Parliament of the cost of an operation, Leon said.
"President Mbeki is therefore, prima facie, in violation of the Constitution that he has sworn to uphold".
Leon said section 201 of the Constitution was included to prevent abuses of power through secret arms deals and secret military support, as happened with the previous government.
"The apartheid government abused the power of the executive to conduct a series of secret wars and secret deployments, both within South Africa and in neighbouring states".
Leon said he had written to Mbeki asking him to explain his conduct.
"Specifically, I have asked him to explain whether he sought legal opinion before authorising the deployment of the SAAF aircraft to Haiti; and, if so, to explain how he would justify his apparent failure to inform Parliament in terms of Section 201 of the Constitution".
The aircraft was reportedly carrying a shipment of 150 R-1 assault rifles, 5 000 bullets, 200 smoke grenades and 200 bullet-proof vests.
The arms, intended for Aristide's police, never reached Haiti and have since returned to South Africa. – Sapa.
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