The Mojapelo panel has completed its investigation into the Lady R controversy and is drafting a report to President Cyril Ramaphosa. (Facebook/ Lorraine Goddard Bradbury)
The United States has given information to the Majopelo panel relating to the controversial sojourn of the Russian vessel Lady R in South African waters, a spokesperson for the US embassy in Pretoria said on Wednesday.
“In response to a request from the independent panel, the US government shared information pertaining to the Lady R and its presence in South Africa in early December 2022,” David Feldmann told the Mail & Guardian.
“The US government welcomes President [Cyril] Ramaphosa’s commitment to authorising the investigation and looks forward to advancing progress with South Africa on our shared priorities.”
Feldmann declined to comment further on the nature of the information given to South African authorities, save to say that Washington had been communicating directly with its counterparts in this context.
“We have been in direct communication with the South African government. We do not think it is appropriate to say anything further in public about this matter.”
Ramaphosa’s office confirmed on Tuesday that the three-person panel headed by retired high court judge Phineas Mojapelo had concluded its investigation into US allegations that arms were loaded onto the Russian cargo vessel when it docked in Simon’s Town for four days in December.
These allegations were raised publicly by the US ambassador to Pretoria, Reuben Brigety in May.
He said he would be prepared to bet his life that an arms cache made its way onto the ship. Much has been written as to whether Brigety had cover for his comments, but they have never been formally repudiated by Washington.
Brigety’s statement triggered a diplomatic storm, and Ramaphosa wasted no time in announcing that the allegations would be probed by a high level inquiry headed by a judge. This seemed designed to accommodate Washington’s reported insistence that information would only be shared in the context of a credible inquiry.
It was announced on 18 May that Mojapelo would head the investigation, and that it would have six weeks to conclude the work. It would then have another two weeks to submit its findings to Ramaphosa, barring a request for an extension.
For their part, South African authorities have, both on and off the record, been at pains not to give a definitive answer as to whether Washington provided evidence to corroborate its allegations.
Several have privately suggested that the US raised scruples relating to the protection of sources.
The matter is of considerable significance to relations between the two countries, though the Biden administration is understood to be taking a more tentative approach than lawmakers on Capitol Hill.
Last month, US senators raised the Lady R controversy in a letter addressed to the US secretary of state, Antony Blinken, trade representative Katherine Tai and national security adviser Jacob Sullivan, urging the administration to punish South Africa for its position on Russia’s invasion of Ukraine.
The senators called for the annual trade forum for beneficiaries of the African Growth and Opportunity Act, which is scheduled to be held here later this year, to be moved to another country.
At this stage it remains unclear whether or to what extent the panel’s pending report will be shared with the public.
Ramaphosa’s spokesperson Vincent Magwenya reiterated this week that once the report is handed to the president, he will decide if the full contents or sections will be published or classified.
This meant, for example, that if evidence was provided by an intelligence service or member, the source, the manner in which the intelligence was gathered or the thrust of it could be classified.
Defence Minister Thandi Modise has strenuously denied that arms were supplied to Russia, as has Moscow. The latter suggested the allegations were an attempt by the Biden administration to force South Africa to abandon its non-aligned stance on the war in Ukraine.