Iraq scam: SA hearing starts

2006-05-08 11:58

Pretoria - The Donen commission probing South Africa's alleged involvement in the Iraqi Oil For Food scandal adjourned its public hearings on Monday without having heard any evidence.

The commission is facing a challenge in the Pretoria High Court by one of nine people subpoenaed to appear before it.

"We cannot continue with questioning of witnesses with continuous interruption and legal action," commission chairperson Adv Michael Donen said before adjourning the commission's first public sitting.

The nine subpoenaed witnesses included businesspeople Tokyo Sexwale and Sandi Majali, and ANC secretary-general Kgalema Motlanthe.

One of the witnesses, Rodney Hemphill, has launched a High Court action in Pretoria, asking for two paragraphs in the commission's terms of reference - concerning evidence which may implicate witnesses - to be scrapped.

Donen has adjourned this session of the commission while the two paragraphs are under review.

Donen said witnesses will be informed beforehand if required to give potentially incriminating evidence.

"Some of the witnesses are concerned they would be called to give evidence which could be potentially incriminating to themselves," he said.

"They will receive in summary a letter outlining the nature of the evidence they would be required to give," he said.

Donen emphasised that witnesses were not under investigation and had been subpoenaed to assist the commission in its investigations.

He explained to their legal representative that they would have the opportunity to respond to any evidence implicating them.

Not all evidence which the witnesses were required to answer to would be supplied beforehand.

Donen said some of the documents which the commission had received were from sources including an independent UN commission investigating the scandal, and could "simply not be dished out".

He said witnesses would be told of such evidence on the day they appeared before the commission.

Some witnesses had indicated they would prefer to give evidence in camera.

Donen said they would have to justify this and their reasons would be weighed against provisions of the Commissions Act.

- SAPA