DA seeks answers on Hulley security clearance

The appointment of Michael Hulley as special legal advisor to President Jacob Zuma raises a number of questions- not only about the suitability of Mr Hulley to serve as the President's legal advisor, but also about the processes followed in appointing him.
In order to be appointed as the President's legal advisor, Mr Hulley would have been subject to an exhaustive security clearance process.

The Ministerial Handbook states: "All candidates for appointment as Special Advisers should be subjected to a security clearance before appointment. If an Executing Authority wishes to deviate from this requirement, the matter must be submitted to the President."

While Mr Hulley defended President Zuma on charges relating to the arms deal, he was involved in the spy tapes saga - during which he acquired illegal, stolen recordings of intercepted phone calls between Bulelani Ngcuka, then National Director of Public Prosecutions, and Scorpions boss Leonard McCarthy. Given his links to this intelligence scandal, it is unclear how such clearance would have been granted.

The only way that Mr Hulley could have been hired had he not gone through the required security clearance process, is if the President granted him an exemption. This special treatment would heighten concerns that Mr Hulley had been hired by the President not to advise him on state legal matters, but to act as a firewall- at the state's expense- to shield the President during the upcoming arms deal inquiry.

The DA has submitted parliamentary questions to the President to determine the process used in appointing Mr Hulley, and the cost of his employment to the state.
In addition, I will be submitting parliamentary questions to ascertain whether Mr Hulley was subject to the required security clearance, and, if not, whether he was granted a presidential exemption from doing so.

When it comes to matters involving the President, the highest ethical standards must apply. The announcement of the arms deal inquiry was an important step forward for our democracy. However, public faith will be seriously eroded should it turn out that the President is seeking to use state resources to ensure that he is protected from scrutiny for his involvement in South Africa's biggest corruption scandal.

Statement issued by Geordin Hill-Lewis, DA Shadow Deputy Minister of Public Service and Administration, November 6 2011

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