Public Protector's letter on "Chippy"
Shaik allegations
Issued by: Office of the Public
Protector
Attention: News Editors
For immediate release
20 April 2007
The Public Protector has responded to Mr Trent's request
that he investigate bribery allegations against Mr "Chippy"
Shaik.
After due consideration of the request, the media report
concerned, and the Joint Investigation Report into the
Strategic Defence Procurement Packages submitted to
Parliament in 2001, the Public Protector Adv Lawrence
Mushwana concluded that he could not, at this stage, proceed
with an investigation as the "allegation" referred to
criminal conduct that German authorities were investigating.
It would only be possible and proper to consider further
investigation or recommendations in respect of the
administration, propriety and impact of the procurement
process concerned once the criminal and, if so, prosecution
of the suspects, have been concluded.
"The Public Protector does not have powers to conduct
criminal investigations and to institute prosecutions. It is
therefore for the NPA to decide whether the allegations made
by Der Spiegel warrant any further investigation in South
Africa, at this time," Adv Mushwana said.
The response to Mr Trent is a result of a request from the
DA on 5 February that the allegations relating to Mr Shaik
should be investigated.
The Public Protector, National Prosecuting Authority and
Auditor General, whose offices jointly investigated the arms
procurement process in 2001, met on 15 March 2006 to confirm
the variety of requests for investigation that have been
sent separately to the institutions and to assess if there
were overlapping matters that could be addressed jointly.
The outcome of the meeting was that "none of the requests
required their joint consideration. They agreed that each
institution would deal with issues that have been raised
based on their own mandates. This means that the three
agencies will not reconstitute a joint investigation team as
was structured in the 2001 investigation. The agencies will
respond directly to the individuals who made enquiries and
requests for investigation."
The Public Protector noted that the Joint Report of 2001
found that Mr Shaik had not recused himself properly from
meetings that later awarded contracts to his brother Mr
Schabir Shaik. Mr "Chippy" Shaik later resigned from the
public service after an inquiry found that he acted
improperly by disclosing confidential information contained
in a draft report of the Auditor General.
For more information contact Charles Phahlane on 012 366
7006 or 082 856 8188.
For media releases, speeches and reports visit the Public
Protector’s website
www.publicprotector.org
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