Michael Donen, the advocate heading the commission that will investigate South African abuse of the Iraq Oil for Food Programme, has shrugged off a charge that he will not be independent.
Recently, Democratic Alliance justice spokesperson Sheila Camerer demanded that President Thabo Mbeki replace Donen, saying her party had ascertained that he was “permanently contracted” to the Department of Justice. “While we have nothing against Donen or his ability, it is simply inappropriate that someone in the employ of the state is being tasked with investigating his employers.”
Donen countered: “Camerer … clearly has things wrong.”
He acknowleged that he was on a second one-year retainer to be available to state attorneys to be briefed in constitutional litigation. This was channelled through the chief state law adviser, Enver Daniels.
But Donen said he remained in private practice, where he also “fought” government. Recent clients include Ian Hamilton and Pedro de Lima, both shooting victims who sued the state for millions, arguing that police had negligently issued gun licences to the people who had shot them.
Said Donen: “That’s what advocates do: we sit in that building [law chambers] and act for and against clients.”
Donen’s career has included acting for — and against — prominent “clients”. Chief among the latter was Tokyo Sexwale. As state prosecutor during apartheid, he secured the “terrorism” conviction that sent the former guerrilla to Robben Island for 13 years.
Now, Sexwale’s fate is once more in Donen’s hands. A company in which he held a stake, Mocoh Services, is among those accused of having paid “surcharges” — effectively kickbacks — to the Iraqi regime while doing business under Oil for Food.
Sexwale’s spokespersons have welcomed the commission as a chance to “clear the air” and have not taken issue with the choice of Donen to head it.
During apartheid, Donen saw both sides of the fence. In the late 1980s and early 1990s, after going into private practice, he was a member of the defence team in two mass “terrorism” trials — of Tony Yengeni and 13 co-accused, and of Ashley Forbes and 14 co-accused. Acting with Donen was Johnny de Lange, now Deputy Minister of Justice.