Issued by: Ministry: Justice and Constitutional Development
4 June 2002
The Minister of Justice and Constitutional Development, Dr Penuell Maduna is deeply concern about the deliberate distortions and insinuations by certain print media organisations pertaining to the extradition of German fugitive, Jurgen Harksen to Germany.
These publications alleges that the extradition of Harksen was delayed because the ANC led Government wanted him to public disclose his relationship with senior members of the Democratic Alliance and his alleged donation to them.
The Ministry has furthermore, noted comments and calls made by individual commentators and leaders of various political parties for the rules and regulations to govern the donations for political parties.
While we respect the Constitutional rights of people to write and publish, broadcast news items and to hold certain views on diverse issues of national and international interest, the Ministry nevertheless, felt that it would be necessary to respond by way of correcting if not refuting some of these claims.
EXTRADITION OF HARKSEN
In as far as the extradition of Harksen to Germany is concern, the position is that he was found to be extraditable by the Cape Town Magistrates court and the Minister signed the extradition order on the same day on the basis that he was not going to appeal the magistrates' decision. As it is publicly known, he (Harksen) then turned around on the last day of his departure for Germany and successfully brought an urgent interdict before the Cape High Court on the basis that he has filed an appeal. Indeed the court granted him leave to appeal against the Minister's extradition order and as a result of which the order could not be executed. The matter is a result before the Cape High Court. So there was no intention by Government to keep Harksen here. We cannot take him away at this stage until his appeal is over. Indeed it was the intention of the Government to hand him over to the Germans as speedily as possible. The insinuations that Government stalled his extradition are without any foundation and are intended to divert the public's focus from the real issue, currently before Judge Desai's Commission. The Ministry is committed to ensuring that Harksen is surrendered to Germany for prosecution.
South Africa is committed to working "hand in hand" with the International community in the fight against organised crime.
There has also been calls for a law to regulate donations to political parties. There is a law in place called Public Funding of Represented Political Parties Act 103 of 1997. This law regulates the funding of political parties. Indeed section 236 of the Constitution provides for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis to enhance multi-party democracy. The Act furthermore provides for the creation of a fund where all the monies donated would be deposited and possibly, invested. The accounting officer for the fund is the only person authorised in terms of the Act, to allocate money to political parties.
The Act is however, not clear in as far as individual donations are concern. The alleged donation by Harksen to the Democratic alliance does nonetheless, require an investigation as the issue is not only about the donation but also money laundering which is a crime under our law, the criminal procedure Act. The legal position and indeed morally speaking, is that donations should not be received from suspected criminal syndicates or even to rub-shoulders with them. It was widely known that Harksen was a fugitive from Justice in Germany and that any association with him would therefore, be inappropriate if not illegal.