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As A
uditor-General Shauket Fakie defended the final report of the
arms deal investigation before Parliament on Wednesday, a new
allegation emerged of irregularities in the awarding of
sub-contracts.
Briefing the standing committee on public accounts (Scopa), the AG
maintained that media claims of omissions and "doctoring" in the
final report were unfounded, and impugned the dignity of his
office.
He, again, called on the watchdog committee to protect the
integrity of his office.
Fakie said the draft and final reports on the probe into the
multi-billion rand deal differed only in style and format, and that
the executive did not, in any way, influence the content of the
report.
"I want to state categorically that due process was followed and
that no changes were made to the report based on pressure from the
president or the executive," he said.
The deal was investigated by the AG, the Public Protector and the
Directorate of Public Prosecutions, who found no evidence of
unlawful conduct by the state.
However, a new allegation emerged at Wednesday's hearing that
African Defence Systems (ADS) changed their tender after the
closing date, ensuring they secured a sub-contract over C2I2
Systems.
Democratic Alliance MP Nigel Bruce produced a letter showing ADS
was allowed to drop their bid from R32.4-million to R29.64-million
a day after the deadline for final bids, thus allowing the company
to undercut the rival offer.
The C2I2 bid was R30,4-million, including a 13 percent management
fee.
ADS and C2I2 were competing for a contract to supply the system
management system of the combat suite for the South African Navy's
four new corvettes.
Later in the proceedings, the AG said ADS had made a mistake with
its figures and had been allowed to change their tender, but
offered to report back to the committee to clarify the issue.
Speaking to reporters after the hearing, C2I2 MD Richard Young said
the letter clearly showed that the price was reduced after the
closing date.
He said a series of letters between ADS and the department of
defence showed how its offer price had come down from an original
R65-million.
The documents had formed part of a set of files received from the
AG's office three weeks ago, in line with a court order.
"If he (Fakie) thinks he is off the hook, I'll tell you what, his
problems have only just started," Young said, describing the letter
as a "smoking AK47".
C2I2 is suing the government over losing out to ADS for
sub-contracts related to the corvettes.
The department of defence's then head of acquisitions, Chippy
Shaik, was found to have had a conflict of interest, in that his
brother, Schabir, had links to ADS.
Earlier, in the hearing, Fakie refuted suggestions that
investigators could make conclusions in the final report that
deviated from initial findings.
"If anything was to be influenced, there had to be major collusion
between the three of us, to be able to take anything out of the
report or for any editing to take place."
At any particular point in time, there were between 50 and 60
people working on the various chapters of the report, including up
to five independent audit companies.
Fakie said he had at no time breached his mandate to Parliament or
the Constitution.
"At no stage during the investigation did I do anything, or
participate in anything, that would have breached any of my
constitutional mandates that have been trusted upon me."
The AG said "mistrust" among the public and the media started when
the Special Investigating Unit, then headed by Judge Willem Heath,
had been excluded from the probe.
Scopa chairman Francois Beukman said the committee would evaluate
the AG's responses, as well as a legal opinion received regarding
the media allegations, before presenting a resolution to the
House.
The legal opinion, commissioned by Beukman, found that claims that
the final report was doctored were not unsubstantiated.
Referring to Young's allegation, Bruce said in a statement that
unless Fakie could satisfactorily explain why a potentially
criminal act was glossed over in his report, the claim that the
final report was conclusive and exhaustive would fall flat.
"The letter, itself, could be enough to warrant a further
substantive investigation of the arms deal by an ad hoc committee
of Parliament," he said - Sapa