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President Jacob Zuma has decided, in terms of section 84 (2) (f) of the Constitution, to appoint a commission of inquiry to investigate allegations of wrongdoing in the Strategic Defence Procurement Packages, generally known as the “arms deal”.

In 2009, legal proceedings were instituted in the Western Cape High Court asking the Court to direct the President to appoint an independent judicial commission of inquiry into allegations of wrongdoing or to require him to reconsider his refusal to do so. It later transpired that the Western Cape High Court was the wrong forum to hear the matter. An application was then brought in the Constitutional Court. The matter is set down for hearing on 17 November 2011.

President Zuma assumed office when the matter was already pending in the courts of law. He had previously taken a view that since the matter was the subject of litigation in a court of law, he should allow the legal process to take its course.

However, he has since taken into account the various developments around this matter and also the fact that closure on this subject will be in the public interest.

The President will soon announce the terms of reference and the composition of the commission including the time frames.

The President has requested the Minister of Justice and Constitutional Development to take the necessary steps to implement this decision.