Tribunal implicates apartheid arms embargo violators

Apartheid crimes committed by the state and civilians must be investigated by the United Nations, says the final report by the People’s Tribunal on Economic Crimes which was released on Thursday.

The People’s Tribunal was organised by civil society organisations, which said the state had failed to fully investigate allegations of corruption and state capture. Members of the public were invited to give evidence. The panel was made up of retired judge Zak Yacoob, former UN high commissioner for human rights Navi Pillay, the Social Justice Coalition’s Mandisa Dyantyi, Allyson Maynard Gibson QC and labour rights activist Dinga Sikwebu.

READ MORE: French presidents ‘tried to torpedo SA arms deal probe

In February, the tribunal delivered an interim report after having heard five days of evidence and arguments relating to three main issues:the arms deal, pre-democracy UN sanctions violations and state capture.

Affected parties were given three months to respond to the interim findings. The National Prosecuting Authority (NPA), the ANC, the presidency of South Africa and the Belgian Embassy in South Africa acknowledged receipt but did not respond.

The tribunal’s final report states that there is enough evidence to warrant at least a thorough investigation into the conduct of a number of entities, including the French government and Belgium’s Kredietbank.

The evidence heard at the tribunal included that foreign governments were publicly posturing as anti-apartheid activists but were secretly supporting the apartheid regime.

“They co-operated with the apartheid system, ensuring the unlawful flow of arms and ammunition and facilitating payment through a labyrinth of devious structures and routes. All this was secret,” says the report. “There is no doubt that the violations of the UN weapons boycott resolutions were either deliberately aimed at helping the apartheid state or inevitably and unarguably had that result.

“We are satisfied that those who did not expressly intend to support apartheid, or those who say that they did not, are substantially guilty of this crime against humanity.”

The report states that even though Kredietbank was the only implicated party that responded to the preliminary report, it said it could not find records.

“But the bank made no effort to deny the allegations. Nor were the allegations denied by anyone else. The implications of the absence of responses is that there is now even greater reason to ensure that economic crimes during apartheid be properly investigated, and where appropriate, prosecuted,” said the report.

Regarding the 1999 arms deal, the tribunal recommends that the NPA and the police should investigate every transaction to determine whether the arms purchased were necessary, if the price was appropriate and whether there is any justification for the allegation that these purchases were made to benefit politicians and business people.

The tribunal also weighed in on the ongoing judicial commission of inquiry into allegations of state capture,saying it would monitor the work of the commission to determine “what intervention might be appropriate”.

Subscribe to the M&G

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years, and we’ve survived right from day one thanks to the support of readers who value fiercely independent journalism that is beholden to no-one. To help us continue for another 35 future years with the same proud values, please consider taking out a subscription.

Related stories

Auditor General takes issue with Ingonyama board

In your news wrap: AG Kimi Makwetu has taken issue with the Ingonyama Trust Board for failing to provide supporting documents to account for land

Competition Commission spends R15m on protection for senior staff

In your news wrap: The Competition Commission has spent millions on security services for senior officials subjected to a spate of criminal acts

How to steal a bank

In your morning news roundup: A forensic report on the failure of VBS Mutual Bank has implicated Brian Shivambu, Jacob Zuma and Dan Matjila

Tito’s titanic task

In your morning news roundup: The finance minister will have to ensure the successful implementation of the stimulus package to revive the economy

​Nene tells Ramaphosa: Relieve me of my duties

In your morning news roundup: Finance Minister Nhlanhla Nene feels the heat after public outcry over his Gupta meetings

Westbury protests halt hospital probe

In your news wrap: Protests in Westbury have foiled the South African Human Rights Commission's plans to visit Rahima Moosa Mother and Child Hospital

Subscribers only

SAA bailout raises more questions

As the government continues to grapple with the troubles facing the airline, it would do well to keep on eye on the impending Denel implosion

ANC’s rogue deployees revealed

Despite 6 300 ANC cadres working in government, the party’s integrity committee has done little to deal with its accused members

More top stories

Hawks swoop down with more arrests in R1.4-billion corruption blitz

The spate of arrests for corruption continues apace in Gauteng and the Eastern Cape.

Catholic NGO boss accused of racism and abuse in Sudan

The aid worker allegedly called his security guard a ‘slave’

Agrizzi too ill to be treated at Bara?

The alleged crook’s “health emergency” — if that is what it is — shows up the flaws, either in our health system or in our leadership as a whole

SANDF hid R200m expenditure on ‘Covid’ drug it can’t use

Military health officials are puzzled by the defence department importing a drug that has not been approved for treating coronavirus symptoms from Cuba

press releases

Loading latest Press Releases…

The best local and international journalism

handpicked and in your inbox every weekday