The long-standing political battle between two MPs and the Auditor General, Shauket Fakie — on whether he altered the final report of the joint investigating team into South Africa’s controversial arms deal — appeared to fizzle out in Parliament this week.
On Tuesday evening the National Assembly accepted a report of the standing committee on public accounts, which referred the vexed matter to Assembly Speaker Frene Ginwala.
In the Assembly Ginwala indicated that the procedures for a substantive or formal motion — required in terms of the rules to question an action by a member of a Chapter 9 institution like the auditor general — still needed to be worked upon.
Chapter 9 institutions ”that strengthen constitutional democracy in the republic” — to quote the words of the Constitution — include the public protector, the auditor general, the Human Rights Commission and the Independent Electoral Commission.
Ginwala noted that steps were taken ”at the time” to restrain members from transgressing Rule 66 of Parliament.
She was referring to Democratic Alliance finance spokesperson Raenette Taljaard and Inkatha Freedom Party finance spokesperson Gavin Woods, who resigned his post as chairperson of the standing committee on public accounts — the key fiscal watchdog body in Parliament — over his concerns that it had poorly handled its oversight of the arms deal investigation.
Both Taljaard and Woods had questioned the auditor general over allegedly consulting with the Cabinet over the form of the final arms deal report — by the auditor general, the public protector and the national director of public prosecutions — into the arms procurement package. It had also been alleged that Fakie edited the draft arms deal report in order to excise suggestions of irregularities.
Without referring to Woods and Taljaard directly, Ginwala said: ”Various members were disinclined to observe the letter and spirit of the rules [of the Assembly]. This is both unacceptable and regrettable.”
”I strongly recommend that the next Parliament gives serious attention to all facets of the relationship between Parliament and institutions supporting democracy [such as the auditor general] to prevent those institutions from being undermined by Parliament,” said Ginwala, referring to the upcoming election of a new Parliament on April 14.
Ginwala has noted previously that Rule 66 made it ”very clear” that no member shall reflect on the competence or honour of a judge or a superior court or the holder of an office whose removal from such office — such as the auditor general — ”is dependent upon a decision of this House [Assembly], except upon a substantive motion of this House”.
Taljaad has argued that she had repeatedly attempted to put a substantive motion to the House.
Taljaard said on Wednesday: ”In addition in the debate about two years ago [in the House] on the joint investing team’s report, members of the African National Congress took points of order expressing concerns about transgressions of Rule 66 and at the time, the Speaker ruled that while the comments were sailing close to the wind, they did not fall foul of Rule 66.”
Woods was not available for comment.
Fakie had criticised both Woods and Taljaard for undermining his integrity, arguing that they had made statements reflecting on the competence or integrity of a constitutionally created institution outside of a substantive motion in the Assembly.
South Africa is in the midst of a multimillion-rand re-equipment programme — including corvettes, fighter and trainer aircraft — for the navy and the air force. — I-Net Bridge
DA, ACDP object to arms deal report