Did police National Commissioner Jackie Selebi give a private group permission to offer military services to war-racked Sudan, condoning a breach of South African law?
Statements and correspondence claim the police chief authorised the offer to the Sudanese government. Selebi, who would have acted well outside his authority had he done so, this week failed to respond to repeated requests for comment.
Last September five security experts representing the private investigation company Associated Intelligence Network (AIN) and Palto, a ”VIP protection” firm, flew to the Sudanese capital of Khartoum. Their aim: to pursue negotiations for a multimillion-dollar contract to train specialist police and presidential protection units. A purported AIN proposal to the embassy in Pretoria specifies ”VIP protection” skills to have been imparted — including military skills such as sniping, ”special operations” and ”underwater attack diving”.
It also offers to supply the military equipment required for the training — plus a rented fleet of transport aircraft, choppers and fighter jets. Since 1998 South Africa has forbidden its nationals or foreigners operating from its soil to offer ”military assistance” to any party involved in armed conflict, unless sanctioned by the Minister of Defence in consultation with the interdepartmental National Conventional Arms Control Committee (NCACC).
The Regulation of Foreign Military Assistance Act — drafted in response to mercenary adventures abroad by firms like Executive Outcomes — bars even unapproved negotiations. In a two-stage process, the minister and the NCACC first have to authorise an ”offer to render any foreign military assistance” and, subsequently, any actual assistance.
”Military assistance” has a wide definition, including ”advice or training”, ”procurement of equipment” and ”security services for the protection of individuals involved in armed conflict”.
The AIN/Palto offer appears to contravene the act on all three points. NCACC representative Fred Marais this week confirmed that neither AIN nor Palto had ”approached us at all in this regard”; they had not sought permission under the Act.
Sudan remains a country at war, despite advances towards peace. One of Africa’s oldest and dirtiest conflicts, the war between the government-controlled Islamic north and rebels in the Christian and animist south has raged for two decades and has claimed about two million lives.
”The Sudanese government has targeted and bombed civilians and civilian objects, including relief distribution locations, churches and schools,” Human Rights Watch said in a February briefing.
Dissent in the north continued to be punished by arbitrary detention and even torture, it said. A ceasefire was agreed to between the government and rebels last October — after the South Africans had visited Khartoum — but it has been breached.
AIN — controversial for the privileged access it reportedly gains to police resources by appointing former police officers — offered the training package last year in conjunction with Palto, a firm mainly of former police Special Task Force members, and Peter Otto, a businessman who says he used to belong to the old National Intelligence Service.
The Mail & Guardian and Rapport last month reported on an investigation by former judge Willem Heath, now a private consultant, into allegations that Palto serves as a police ”front”.
Neither AIN nor Palto had permission from the appropriate authority, Minister of Defence Mosiuoa Lekota in consultation with the NCACC, to make an offer to Sudan. What is the evidence Selebi exceeded his authority to ”sanction” the offer?
In a letter last September to Saleh Eldein Mohamed Saga, the first secretary at the Sudanese embassy in Pretoria, Otto wrote about AIN/Palto’s coming visit to Khartoum: ”Our delegation is authorised by the South African government as confirmed to you by police National Commissioner Jackie Selebi in the meeting attended by yourself and me on 09/09/2002 to enter into negotiations and contracts for police and military training and supply of such equipment.”
In an affidavit, Otto repeats the allegation: ”I, Peter Otto, of Johannesburg, confirm hereby under oath that I was present at a meeting with National Commissioner Jackie Selebi where training to the police and army in Sudan was discussed.”
He describes two meetings, the second including first secretary Saga. Selebi allegedly approved the plan at both meetings. AIN boss Warren Goldblatt has confirmed a meeting with Selebi. He said Palto, cognisant of the need for approval under the Act, had ”approached Selebi for permission to quote”.
Palto head Paul Stemmet confirmed meeting Selebi about the Sudan contract, but denied it had anything to do with the Act.
”Basically it was more of a thing of courtesy … and so that they know what we’re doing.” Saga this week confirmed meeting Selebi ”to make bilateral relations” between the Sudanese and South African police. But he claimed the training was an issue purely between Selebi and his Sudanese counterpart and did not involve Palto or AIN. Nothing has yet come of the AIN/ Palto offer.
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