EFF statement on the Seriti Commission Report being set aside by the High Court

21 August 2019

The EFF notes, with shock, the judgment of the North Gauteng High Court, setting aside the report and findings of the Seriti Commission of Inquiry into the Arms Deal.

The Judge President, Dunstan Mlambo, did not hold back in detailing how the Seriti Commission deliberately, and dismally, failed to perform its mandated duties. He held that they did not pursue the truth, hold those in charge accountable, and treated many implicated witnesses with kids gloves. In essence, they made a mockery of justice itself.

Accordingly, the country must ask why it is that Judge Seriti, and/or those who appointed him are not being asked to pay personal costs. This is because it must be a double insult to expect South African taxpayers, who have already forked out about RI 50 million to pay for the Commission, to now also pay for legal costs. This would amount to South African taxpayers sponsoring their own robbery.

The major irregularities identified by the court in the Seriti Commission Report, are far worse, and more costly, than the ABSA and the Estina Dairy court reviews concerning the Public Protector. It cannot be that the Public Protector is directed to pay personal costs, yet those in the Seriti Commission, who "deliberately" failed to perform their mandate, are absolved from doing so.

We have therefore instructed our lawyers to look into whether it will be possible or advisable to approach the courts to protect the rights of the public, by demanding consistency on the part of our judiciary.

It must also be noted that Judge Seriti was sitting not as a judge, but as an administrator appointed by the President. That is why his decision was reviewable by a court of law.

We shall also seek legal advice on other commissions which were blatantly used to cover up the dirty, and even murderous, work of powerful politicians, like the Marikana Commission, to also be reviewed.

Commissions of inquiry in South Africa have, in the main, always failed to bring justice for the vulnerable or against the powerful. When those tasked with presiding over commission of inquiry know that they can be given a personal cost order for deliberately failing to execute their mandate, then we know they will start to do a better job.

Finally, consistency is a matter of principle in how our courts do personal cost orders.

Equality before the law is fundamental. All of us, even the Public Protector and Judges, must be equal before the law.

Issued by Mbuyiseni Ndlozi, National Spokesperson, EFF, 22 August 2019