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19 March 2008

The Department of Justice and Constitutional Development (DOJ & CD) would like to comment and provide some perspective on recent media reports that government is dragging "its heels in arms deal probe".

Firstly, there is absolutely no truth in the allegation that government has delayed in responding to the German authorities' request for mutual legal assistance in their investigation into allegations of corruption in the South African arms deal. Contrary to media reports, advocate Menzi Simelane, the Director-General of the Department of Justice and Constitutional Development, as the central authority of the requested state, according to the protocol on mutual legal assistance in criminal matters, has done everything within his powers to execute the German request for mutual legal assistance. The Office of the Dusseldorf public prosecutor, dealing with the probe, in a letter to advocate Simelane dated 17 March 2007, has dismissed reports in the South African media that the "German investigators have long since responded to the South Africans and were still awaiting an answer". The prosecutor has assured the South African government that the comments attributed to a "German prosecutions spokesman" are not official comments of the office of the Dusseldorf public prosecutor.

The department first received a request for assistance in terms of Mutual Legal Assistance (MLA) in criminal matter from the German prosecutor of Dusseldorf on 19 June 2007. On 25 October 2007, advocate Simelane responded to this request with a request for further information in order to enable him to consider the matter further.

The Dusseldorf public prosecutor responded to advocate Simelane's letter on 7 November 2007, undertaking to provide South Africa with the additional documents and information that we had requested from the German authority. This correspondence was followed by three letters from advocate Simelane to the Dusseldorf public prosecutor. The last one, dated 17 March 2008, indicated that the South African government is still awaiting the further particulars that had been requested from the German government in October 2007.

This correspondence was followed by a letter on Monday, 17 March 2008, by the Dusseldorf public prosecutor indicating that the German authorities had for the last few months, since their original request, been gathering information relating to the further information that the South African government had requested. The prosecutor indicated further that the said documents were in the process of being translated.

Once again the department wants to reiterate that it has done everything possible to ensure that the government can assist the German authorities in its probe.

For further information please contact:
Zolile Nqayi
Tel: 021 467 1714
Fax: 021 467 1732
Cell: 082 898 6483
E-mail: znqayi@justice.gov.za

Issued by: Department of Justice and Constitutional Development
19 March 2008