EDDIE TRENT LP/MP

Dear Ms Hogan

The recent appearance in the public domain of previously confidential documents by the Auditor-General after a protracted court action by defence contractor Richard Young should not be ignored.

There has been a continuous stream of press reports and debates in the public domain alleging that various irregularities in the arms deal occurred, and that potentially embarrassing facts and information from the Auditor-General's draft Arms Deal Report were removed.

South Africa has a Constitution that is held in the highest regard by the international community and of which we are justly proud. The Auditor-General, as a chapter 9 institution, must be independent and subject only to the Constitution and the law. Furthermore, he/she must be impartial, exercise power and perform his/her functions without fear or prejudice.

The establishment, and even more, the unquestioned independence of these institutions is one of the pillars on which the success of our constitutional democracy rests. The independence of the media is of course another. It is clear from these reports that the credibility and independence of the Auditor-General has now been called into question. These are very serious allegations, as is the alleged intervention by the Executive in the text of the report.

The controversy surrounding the changes allegedly made by the Auditor-General to the Draft Report on the Arms Deal needs to be investigated. Also, in light of these allegations, the Auditor-General needs to explain why he tabled a special report to Parliament attacking 3 opposition MPs for suggesting he had made such changes to the Arms Deal report. If allegations that he did indeed make these changes are true, it will mean he has misled Parliament. Yet he also has a constitutional right to defend himself against these allegations if they are not true.

I urge you, as chair of the Parliamentary Ad Hoc Committee on the Office of the Auditor- General, to place a discussion of a way forward in dealing with these issues on the agenda of the upcoming meeting (scheduled for Friday 4 February 2005) of the Committee.

In view of the public interest in this matter I shall be making a media announcement about the request contained in this letter.

Kind regards

Eddie Trent, MP
Member of SCOPA and the Ad Hoc Committee on the Office of the Auditor-General