Apartheidgrandc
Apartheidgrandc
Apartheidgrandc
Repor
Reportt Author:
Hennie van Vuuren
Institute for Security Studies, Cape Town
Foreword
2006
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Apartheid grand corruption
The vision of the Institute for Security Studies is one of a stable and peaceful Africa characterised by
human rights, the rule of law, democracy and collaborative security. As an applied policy research
institute with a mission to conceptualise, inform and enhance the security debate in Africa, the Institute
supports this vision statement by undertaking independent applied research and analysis; facilitating
and supporting policy formulation; raising the awareness of decision makers and the public; monitoring
trends and policy implementation; collecting, interpreting and disseminating information; networking
on national, regional and international levels; and capacity-building.
Copyright in the volume as a whole is vested in the Institute for Security Studies, and no part may be
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publishers.
The opinions expressed in this monograph do not necessarily reflect those of the Institute, its Trustees,
members of the Advisory Board, or donors. Authors contribute to ISS publications in their personal
capacity.
ISBN: 1-919913-97-1
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Foreword
Contents
Acronyms v
Acknowledgements vi
Foreword vii
1 Introduction 1
2 Research methods 9
2.1 Research challenges 9
2.2 Sources of information 9
2.3 Making sense of money 10
3 Investigations 13
3.1 Apartheid Commissions of Enquiry 15
3.2 The Truth and Reconciliation Commission (TRC) 15
3.3 Apartheid corruption investigations post-1994 18
4. Corruption, colonialism and the apartheid state (1652–1976) 21
5. The insiders: The Broederbond 26
6. Information, blood and gold 29
6.1 The Information Scandal 29
6.2 Dr. ‘Gold’ (finger) 32
6.3 Two mysteries 33
6.3.1 The Swiss bank account 33
6.3.2 The Smit murders 35
7 Corruption under P.W. Botha and F.W. de Klerk 37
8 The security state 46
8.1 The production and procurement of arms: Armscor and sanctions busting 46
8.2 The role of the SADF in corruption: The case of ivory 48
8.3 Covert projects and covert profits: The CCB and other operations 51
8.3.1 Investigations into secret funds by the TRC 52
8.3.2 The CCB 55
8.3.3 ‘Dr Death’ and Project Coast 57
8.3.4 Operation Marion 58
8.3.5 Covert theft 59
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iv
Foreword
Acronyms
ABSA Amalgamated Banks of South Africa
AC Amnesty Committee
ADS African Defence Systems
ANC African National Congress
ARMSCOR Armaments Corporation of South Africa
BOSS Bureau of State Security
CCB Civil Co-operation Bureau
DA Democratic Alliance
DDA Department of Development Affairs
ESCOM Electricity Supply Commission
IFP Inkatha Freedom Party
ISCOR Iron and Steel Industrial Corporation
MI Military Intelligence
NIA National Intelligence Agency
NIS National Intelligence Service
NNP New National Party
NP National Party
NPA National Prosecuting Authority
PAC Pan African Congress
PFP Progressive Federal Party
PITU Presidential Investigations Task Unit
R&R Reparation and Rehabilitation Committee
RDM Rand Daily Mail
RSA Republic of South Africa
SADF South African Defence Force
SAHA South African History Archive
SANDF South African National Defence Force
SAP South African Police
SAPS South African Police Service
SIU Special Investigations Unit
SSC State Security Council
TBVC Transkei/Bophuthatswana/Venda/Ciskei
TML Times Media Limited
TNS Total National Strategy
TRC Truth and Reconciliation Commission
UBS United Bank of Switzerland
UDM United Democratic Movement
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Acknowledgements
The research project was made possible through a grant received by the ISS from
the Open Society Foundation for South Africa.
The project benefited from research and cataloguing of information by three
ISS research interns from Southern Africa:
• Siphumeze Cwayi, a post-graduate student at the University of Cape Town;
• Daniel Scher, a graduate student at Princeton University; and
• Madalitso Phiri, a graduate student from the University of Cape Town.
The archival research would not have been possible without access provided by
various archival collections, including:
• The South African History Archive (SAHA), located at the University of
the Witwatersrand (Wits University) (Johannesburg)—Sam Jacobs;
• The Wits University Historical Manuscripts (William Cullen Library)—
Michelle Pickover;
• The University of Cape Town Historical Archives (African Studies Library
Collection);
• The Johnnic Communications (Johncom) Archive (Johannesburg)—Michelle
Leon;
• The Digital Image Struggle Archives (DISA), an online collection based at
the University of KwaZulu-Natal; and
• The South African Institute of Race Relations Library (Johannesburg).
Sincere thanks are due to the numerous researchers, journalists and others (some
of whom are not acknowledged by name in this report at their request), for sharing
their thoughts, giving interviews or providing access to their private records.
A civil society project reference group (constituted by the ISS) initially agreed
to the research framework and subsequently commented on a draft version of this
report and largely endorsed its findings at a meeting in November 2005. The
reference group consisted of the following people:
• Themba Masuku and Gareth Newham (Centre for the Study of Violence
and Reconciliation);
• Prakashnee Govender (Congress of South African Trade Unions);
• Jonathan Faull and Judith February (Institute for Democracy in South
Africa);
• Peter Just (National Religious Leaders Forum);
• Alison Tilley (Open Democracy Advice Centre);
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Foreword
Acknowledgements
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Foreword
22 May 2006
viii
Introduction
1. Introduction
One name for another, a part of the whole: the historic violence of Apartheid
can always be treated as a metonymy. In its past as well as in its present…one
can always decipher through its singularity so many other kinds of violence
going on in the world. At once part, cause, effect, example, what is happening
there, what takes place here, always here, wherever one is and wherever
one looks, closest to home. Infinite responsibility, therefore, no rest allowed
for any form of good conscience.
Jaques Derrida (1994), from his dedication to the murdered Chris Hani1
Corruption, the abuse of entrusted power for private benefit, costs the people of
South Africa billions of rand annually. 2 It is a burden that is carried
disproportionately by the poor as it effectively subsidises criminal elites within
the public and private sector. It is a matter of public record that in the dozen years
since South Africans claimed the right to elect a democratic government, almost
no day has gone by without media reports highlighting the extent of the scourge.
This includes allegations of intrigues involving individuals ranging from corporate
tycoons to local councillors in remote rural areas, who have abused the power
with which they have been entrusted in favour of narrow self-interest.
Yet South Africans have made remarkable strides in countering criminal business
in the past dozen years. Building on the foundation provided by the Constitution
(1996) and the Bill of Rights, elected lawmakers have asserted their mandate to
create laws and institutions that for the first time seriously combat corruption.
The country has a comprehensive framework consisting of a host of public bodies
with a mandate to vigorously tackle graft—and they are doing this with increasing
success. Although the anti-corruption mechanisms are not without their flaws,
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Apartheid grand corruption
they do ensure that many ordinary South Africans have the sense that justice
usually prevails. The media, unshackled from apartheid-era press censorship, use
this freedom to report on the anti-corruption efforts of the state and, importantly,
to probe the thorny issues that citizens in every modern society fear are being
covered up by various interest groups.
However, it is worth noting that this was not always the case. For more than
300 years, all South Africans were under the yoke of colonial and apartheid rule,
a system that benefited the few at the expense of the many. It was a system that
ensured that white settlers—and later, white South Africans—were at the helm of
a racial oligarchy that was built on the subjugation of black South Africans. It was
a corrupt system of governance. A near monopoly on money, power and influence
were in the hands of a minority and they used this to either violently suppress the
majority or, at best, transfer resources in order to stave off the inevitable revolution.
Racist nationalism is as vulnerable to corruption as most systems of authoritarian
rule. In closed societies, which are highly militarised under dictatorial rule, the
truth is hidden from public view by design. Access to power (and a monopoly
over it) provides the elite in the public and private sectors with a unique opportunity
to line their pockets. In so doing, the defenders of an illegitimate and corrupt
system start to defy their own rules and laws that criminalise such behaviour. In
terms of common law crime they are simply crooks dressed in the guise of patriots
representing the interests of their volk, their race or their narrow class. They have
effectively corrupted themselves.
Such a system can also only survive for as long as a monopoly over power is
maintained. Its survival is therefore tenuous—common knowledge to all
functionaries of the system, who are the first to ensure that they are taken care of
should there be a break with the past. This leads to a reliance on ‘insurance’,
usually in the form of cash or other easily moveable assets that can be moved
abroad in the event of regime change. It is in the period before regime change that
the elite, in particular, are likely to accumulate as many resources as possible for
fear that they may soon be out of a job or, at worst, have to flee the country.
This is illustrated in the history of many countries. In Peru, President Alberto
Fujimori was alleged to have embezzled $600 million (over R7 billion) from the
Peruvian people before he fled to Japan, where he resisted requests for his
extradition to Peru.3 It was also only after fascism in Germany was smashed in the
mid-1940s that tales emerged of generals who had stolen gold and fantastic treasures
from the victims of the European genocide. All the Nazi gold did not end up at
the bottom of an illusive lake in the Alps, as was often theorised—some of it was
located soon after the war but much of the money remained locked up in Swiss
bank accounts for decades or financed homes in South America and elsewhere.4
2
Introduction
Closer to home, in the past decade, between $2 and $5 billion (between R14
and R32 billion) was allegedly stolen by the Nigerian dictator, Sani Abacha.5 Some
of this money has since been located in Swiss and English banks accounts. In
contrast, the money allegedly stolen by former Kenyan dictator, Daniel Arap
Moi, is said to still elude the authorities, as is the $5 billion (R32 billion) stolen by
Zaire’s dictator, Mobutu Sese-Seko.6 Banks in the global North, which in many
instances may have not had knowledge of the identity of the depositor, have
profited handsomely from harbouring stolen wealth. In response, the United
National Convention Against Corruption (2003) binds its signatories to provide
mutual legal assistance, among other things, in order to trace such funds. South
Africa has both signed and ratified the United Nations Convention Against
Corruption. As a sign of Africa’s commitment to the process 19 African states
(out of a total of 52) have ratified or acceded to the Convention, which came into
force in December 2005.7
In South Africa the issue of grand corruption under apartheid has been the
source of comparatively little public debate. Since the advent of democratic rule
scant attention has been paid to the possibility that leading apartheid-era
functionaries (in government and business) may have used the cover of authoritarian
rule to illegally acquire vast sums of wealth in defiance even of the legal ‘norms’ of
that time.
Public perception that a democratic South Africa is more corrupt than the
apartheid regime dominated much of the public discourse for a number of years
after 1994. It may be that white and black South Africans alike had come to believe
their masters’ lie. Public perception of apartheid-era corruption was reinforced by
the views of former leaders of the National Party, such as F.W. de Klerk, who
noted in 1997 that:
With regard to...crime and corruption, the true facts are that the situation
has deteriorated seriously since the ANC took over.8
This commonly held view probably reinforced another misconception, namely
that there was a sort of South African ‘exceptionalism’ during apartheid. This is
perhaps better described as a belief in white ‘exceptionalism’ that allows the regime
to be remembered as ‘brutal’ in the way in which it wielded power, yet ‘honest’ in
the way it managed its finances at the same time. It would follow, using this logic,
that there was no war profiteering under apartheid and although other African
dictators may have shifted funds abroad, in South Africa under white minority
rule this was not the case. In such a scenario the politics of apartheid is trivialised
as misguided idealism and the role of the business community in such a system
was primarily about legitimate shareholder profit.
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Apartheid grand corruption
In this regard, South Africa is not unique. Russia, once the apartheid regime’s
greatest foe, is an example of a state in which corruption has existed for centuries.9
This view challenges any misconception that graft originated under the rule of the
reformer, Michael Gorbachev, or his successor, Boris Yeltsin. Rather, as
criminologist Patricia Rawlinson points out, it was already prevalent in Tsarist
Russia which preceded the Soviet Union.10 This provided the foundation for a
Bolshevist state that also allowed corruption to grow and eventually saw the rise
of social bandits (or organised criminal groups) by the 1930s. There followed a
passive assimilation of these groups by the state until endemic corruption was
recorded in the Communist Party structures under Brezhnev. As private property
was slowly legalised in the 1970s, the mafia began to rise in importance until they
were eventually actively assimilated into the state and economy under Gorbachev’s
economic reforms. In summary, the Russian state created an environment that
favoured such criminal behaviour. The rise of the Russian oligarchs in the 1990s
was not accidental: they were borne out of a historical process that had evolved
over many centuries.
This report attempts to document and describe instances of corruption that we
know took place during apartheid and in particular, during the period 1976–1994.
Through documented evidence and testimonies of those who have information
about this period it attempts to highlight on some well-known corruption cases.
However, the report is equally concerned with that about which little is known:
the questions that are asked throughout are those that have either not been
answered, or not fully explored, by the Truth and Reconciliation Commission
(TRC) or any other organ of the democratically elected government. Importantly,
the report is not intended to be an exhaustive expose of corruption under apartheid.
In highlighting examples it does not mean that these are necessarily the only
examples of apartheid-era corruption. The report does not attempt to make
judgement on all the cases presented and has been limited in the extent of its
enquiry by the amount of material available on the subject. It is worth noting that
additional research is required to build a body of knowledge (which does not exist
to any significant degree at present) of the types of governance failures that occurred
during apartheid. This, together with limited human resources available in
undertaking research for this report should also contextualise the reliance on
newspaper clippings and single source interviews.
The report begs the question: why has there been no successful dedicated
prosecution of crimes of corruption involving the apartheid era elite? Is it due to
a lack of evidence? Is this, in turn, due to a lack of capacity? Does it reflect part of
a broader political agreement as part of the sunset clause? This report does not
attempt to provide answers to these difficult questions but rather attempts to lay
the groundwork for probity by others.
4
Introduction
The report also attempts to help explain, from a governance perspective, the
extent to which the apartheid state was not only criminal in terms of international
law by the early 1990s, but had been criminalised in itself (see Stephen Ellis’s
excellent description of criminalisation of the state in Africa11). The legacy of such
a corrupt system did not disappear into the night in 1994, when the white flag was
lowered and a new South African banner hoisted. Rather, it had entrenched itself
to such an extent that it would inevitably serve to corrupt the new order.
Individuals who entered the public and private sector after 1994 and were
motivated by greed to act corruptly were likely to welcome the opportunity to
work through, and with, influential people, often well networked, who had escaped
criminal prosecution under apartheid for similar activity.
The linear or inter-generational nature of corruption is seldom understood as a
system that straddles the old and new order— a number of individuals who were
alleged to abuse power for private benefit under apartheid are seen either courting
power (most often as business people) or holding public office during the past
dozen years. They have managed to negotiate the transition with
aplomb,ingratiating themselves with corrupt elements in the old and new elite.
Although this report does not deal with that phenomenon in great detail, it is an
important factor to keep in mind.
The years before and after 1994 cannot simply be neatly compartmentalised.
However, there was (and possibly still is, in some quarters of society) political
support for this point of view as summed up in comments made by National
Party (NP) leader, Martinus van Schalkwyk, (a supporter of the NP under P.W.
Botha and a Cabinet Minister since 2004), in his preface to the National Party
Corruption Barometer (1997):
…They [the ANC] turned South Africa into a Mecca of maladministration,
crime and corruption. It is the NP’s duty to take them to task on this, and
we will do precisely this.12
In making this comment van Schalkwyk appears to support the argument that
corruption is an import of democracy, as opposed to apartheid-era corruption
making any contribution at all to contemporary corrupt behaviour. However, as
Frene Ginwala, the former Speaker of Parliament (1994–2004), points out, to break
with the past may not have been so easy:
In South Africa we inherited an intrinsically corrupt system of
governance…To survive, it created a legal framework that was based on
and facilitated corruption. It has taken years in Parliament to repeal old
laws and introduce even the basic legal framework that would enable us
to deal with corrupt bureaucrats, politicians and police. The private sector
also operated in a closed society and profited by it. There were partnerships
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Apartheid grand corruption
with international criminals, and the corruption that was built into the
system is very difficult to overcome.13
Recognising all of this, civil society organisations met on 21 March 2005 (Human
Rights Day) in Pretoria, to formulate policy recommendations to the Second
National Anti-Corruption Summit (22–23 March 2005). Civil society
recommended that the state invest dedicated capacity to investigate crimes of
corruption that took place during apartheid.14 This was motivated not to detract
from ongoing anti-corruption efforts, but rather as a simple (or probably more
correctly, complex) matter of justice that, for a number of reasons, could bolster
attempts to counter the corruption we experience today. Following debate at the
conference, the compromise reached was that:
Civil society will prepare a research report on crimes of corruption under
Apartheid and present these to the National Anti-Corruption Forum
(NACF) for consideration within six months.
A draft of this report presented to the NACF at its first meeting after the six-
month period (November 2005). A final draft version of the report was submitted
to the NACF in March 2006. It was again discussed at a NACF meeting in April
2006, where it was agreed that the final report would be released by civil society
after an NACF meeting in May 2006. The report does not purport to be the
definitive guide on the subject—rather, it is an attempt by civil society to point
representatives of all government, business and civil society towards what can
only be considered as the tip of the corruption iceberg.
It also does not attempt to reflect all voices in South Africa’s large and diverse
non-profit sector. Rather, it reflects research undertaken by the Institute for Security
Studies (ISS) Corruption and Governance Programme. A draft version of this
report was presented at a workshop in Cape Town15 to members of civil society
organisations (see the Acknowledgements above for details), who broadly endorsed
the main findings. These individuals and the organisations they represent have a
track record of anti-corruption activism, advocacy and research. The organisations
formed a research reference group that also agreed to the project’s Terms of
Reference, including:
6
Introduction
economic decline, sanctions (particularly oil and defence since 1976) and
increased state secrecy.
• Types of corruption
The research focuses on large-scale corruption (known as grand corruption)
or maladministration involving members of the private sector or functionaries
of the apartheid state. Special attention has been paid to money that may
have been illegally externalised from South Africa (and placed in foreign
banks or invested in real estate etc.), as well fixed assets that belong to the
state (such as houses ), which have found their way into private hands through
an illegal enterprise. Petty corruption (administrative corruption), although
prevalent during apartheid (the pass system, for example, was open to such
corruption), is not the main focus of the study.
Although the study focuses on corruption, it also touches on other economic
crimes that facilitate corruption and did so under apartheid. These include:
• large-scale fraud/white-collar crime;
• exchange control contraventions; and
• sanctions busting (particularly where this is facilitated by corruption).
• Focus areas
The research focuses on corruption in both the public and private sectors.
To narrow its focus the following areas were identified as being prone to
grand corruption (involving individuals in the private and public sector) as
they were characterised by large cash flows combined with low levels of
public oversight:
• arms purchases and covert defence funding;
• defence activities (in Namibia and Angola, involving the South African
Defence Force [SADF]);
• activities by members of the Broederbond (‘Brotherhood’);
• corruption involving the executive in both the ‘white’ state and the
‘homelands’;
• exchange control (circumvention of laws);
• oil purchases by the state; and
• sanctions busting, including activities involving the private sector.
This list is by no means exhaustive but provides a good basis from which to
examine corruption under apartheid.
The report does place an emphasis on acts of corruption involving the
state and its security apparatus. However, mention is also made of the private
7
Apartheid grand corruption
sector, which played the dual role of propping up and benefiting from the
apartheid regime.
The report does not focus on corruption involving members of the country’s
liberation movement inside or outside of South Africa’s’ borders. Of course,
this is not to say that there were not opportunists who abused the struggle
against apartheid for personal gain.16 Such corruption may also have taken
the form of people acting as informers in exchange for cash, pilfering
donations to various organisations or, in the extreme, involvement in drug
trafficking in Southern Africa. Although not trivial, when seen in their
entirety these allegations pale into insignificance in comparison with the
corruption that took place under the watch of the apartheid regime. The
resources at the disposal of corrupt individuals within the South African
state bureaucracy and private sector were vast beyond imagination when
compared to those at the disposal of the liberation movements. It was here
that the real intersection between power and money took place.
• Recommendations
Finally, this report makes policy recommendations for consideration by
the National Anti-Corruption Forum and other state and non-state actors
for possible future action.
8
Research methods
2. Research methods
2.1 Research challenges
Undertaking research on corruption is notoriously difficult. It is a crime that
almost always takes place where there is little light or probity. As the evidence of
corrupt transactions often relies on paper trails and official records, these are the
first to be destroyed. Where money has been taken abroad, it is either difficult to
document due to geographic distance, banking secrecy provisions or because
attempts are made to hide all traces of bank transfers through trusted money-
laundering schemes. Where individuals are subject to knowledge of corrupt
behaviour they are usually silenced through intimidation, violence or co-option.
Evidence of corrupt activity therefore relies on official investigations, media reports
or whistleblowers. This limited number of sources of information—particularly
the reliance on newspaper clippings—does limit the depth of the research. However,
as noted above, it is hoped that this research will nonetheless be a contribution to
a research field to which others will add.
All these factors present a challenge to any enquiry into the financial crimes
that took place under apartheid. Given the time allocated to the research and
limited research capacity, this report is not intended to be exhaustive but rather
indicative of corruption and related economic crime under apartheid. The research
therefore not only provides answers but also poses questions that only a competent
state investigation with greater capacity and legal powers could answer. These
questions are asked in boxes at the end of each section of the report.
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Apartheid grand corruption
• Primary research
In-depth interviews were conducted with over 20 individuals including
researchers (such as TRC researchers), journalists, ‘struggle’ activists,
politicians active in ‘homeland’ and ‘white’ politics, members of the business
community and security personnel (police, defence etc.). Some of those
interviewed have since retired. It is worth noting that a number of
interviewees requested that comments not be attributed to them and they
are accordingly not referenced in the report. This reflects the fact that the
nature of this research is still considered sensitive by many.
• Secondary research
This focused on information collected from various public and private
archival collections. It is worth noting that little exists in the way of official
records of corruption under apartheid. Many of the official records that
were not destroyed prior to 1994 are either accommodated by disparate
departments, the national archive or are held in private collections by officials
who have may kept them out of ignorance. This makes the task of any
research in this field very difficult. Equally important is that some material,
such as official submissions to the TRC, can only be accessed from the TRC
after presenting an ‘access to information request’. Many of these were once
a matter of public record and should (from a public research perspective)
remain so. General relevant information is either to be found in reports of
official commissions of enquiry (often whitewashes, as reflected below), or
in academic papers and books and newspaper clippings. The latter is a rich
source of information and points to allegations throughout the period under
review. Committed journalists were not afraid to investigate allegations of
scandal involving top officials. However, the impact of their investigations
was limited by the number of journalists prepared to do this, the courage of
their newspapers’ owners and the might of the security apparatus and the
laws it used to silence critics.
10
Research methods
the rand if the money had been kept in South Africa or taken out of the country.
The formula has not been applied to all amounts mentioned in this document and
equally, where it was felt not to be relevant, all three figures are not included. For
ease of reference ‘keys’ listed below identify the three calculations.
The calculations are based on the following questions:
1. What would the 2005 (August) value of a rand be if it was kept in South Africa over
a number of years?
This is calculated by using CPIX (Consumer Price Index) data from two
sources, namely, for 1981–2005, the Economist Intelligence Unit; for 1960–
1980, the December 1987 Statistical News Release published by the Central
Statistical Service (RSA).
According to this calculation R1 in 1981 would be worth R12,62 in 2005.
Key: ZAR2005
2. What would the 2005 (August) value of a rand be if it was invested (conservatively)
in a US Bank account over a period of time?
These figures have been calculated using an average interest rate of 3% per
annum and a currency exchange rate of R6,5 to the US Dollar in 2005.
According to this calculation R1 in 1981 would be worth R16,96 in 2005.
Key: USD-Bank
3. What would the 2005 (August) value of a rand be if it was invested on the New
York Stock Exchange (NYSE) over a period of time?
This is calculated by using figures drawn from the NYSE composite index
(last day of the year and at 23 August 2005). A currency exchange rate of
R6,5 to the US Dollar in 2005 is used.
According to this calculation R1 in 1981 would be worth R82 in 2005.
Key: USD-NYSE.
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Apartheid grand corruption
12
Investigations
3. Investigations
There have been a number of attempts to establish the truth about crimes that
took place under apartheid. These were primarily focused on gross violations of
human rights and the Truth and Reconciliation Commission (TRC) undertook
the bulk of that work. However, a number of investigations (listed below) did
focus on commercial crimes under apartheid, such as corruption. It could be argued
that the two major constraints that any investigation experienced were:
13
Apartheid grand corruption
At the time of this comment was made, the Department of Public Works
had started the tedious process of compiling a national asset register. It had
(by then) identified over 25,000 buildings, pieces of land and other properties
that did not form part of the original register of approximately 125,000
buildings.19
At the time the then-President, F.W. de Klerk, and later the National
Intelligence Agency (NIS), obtained a legal opinion stating that any
documents marked ‘secret’ should not be archived.23 In so doing, evidence
that might have changed the course of post-apartheid politics and given
closure to numerous victims of apartheid were destroyed. Evidence of theft
of money by state officials may well have gone up in smoke over the ISCOR
factory, south of Johannesburg. Some of the evidence may also have found
its way into the garages and safety deposit boxes of individuals, either as a
means to ensure future protection from prosecution and/or to gain an unfair
advantage (possibly through extortion) by monopolising the information.
14
Investigations
15
Apartheid grand corruption
a peaceful ‘future’. The NP favoured the option of blanket amnesty for all apartheid-
era crimes, while the liberation movements wanted individuals to account for
their role in perpetuating what the United Nations has classified a crime against
humanity. A breakthrough came in 1995 when Parliament passed the Promotion
of National Unity and Reconciliation Act and the Truth and Reconciliation
Commission was established under the chairpersonship of Nobel Peace Prize
recipient, Archbishop Desmond Tutu, in the same year. The TRC was to promote
national unity and reconciliation through the achievement of four objectives during
the 18-month period of its existence:26
• the discovery of the causes, nature and scope of ‘gross violations’ of human
rights between 1960 and 1994;
• the extension of amnesty to those who fully disclosed their involvement in
politically motivated violations of human rights;
• the identification and location of victims of violations and the design of
reparations for them; and
• the compilation of a report, which should contain recommendations for
measures to prevent any future violations of human rights.
The TRC effected its mandate through the following three committees:27
• the Human Rights Violations Committee;
• the Reparation and Rehabilitation Committee; and
• the Amnesty Committee.
Corruption was never the focus of the TRC. Its focus was the thousands of
applications for amnesty that were submitted and the public hearings on gross
violations of human rights. The loss of life inflicted across the political divide as a
result of apartheid was the focus of what had become a cathartic national process
(although with strong religious overtones).
According to the former Director of the TRC’s research division, Charles Villa-
Vincencio, corruption fell outside of the mandate of the TRC and was therefore
never discussed or seriously considered by the Commission.28 The already extensive
mandate of the TRC and its limited resources no doubt also limited the possibility
of extending its mandate.
However, Martin Welz, a seasoned financial journalist and the editor of Noseweek
magazine, described his experience of how difficult it was to get the issue of white-
collar crime and corruption on the TRC’s agenda. Welz, who has investigated and
reported on these issues since the 1970s, approached the TRC soon after it was
established and indicated that he would be interested in undertaking research on
issues such as offshore trust funds.29 When finally invited to appear before an
interview panel Welz was told that he would not be suitable for the position. The
16
Investigations
reason given was that, since he had been fired some years earlier from the Sunday
newspaper, Rapport (which had strong links to the National Party), he had a track
record of ‘disloyalty’. Welz was taken aback and is of the opinion that others in
the TRC investigation department had been against his employment. The TRC
probably lost an opportunity to bring on board some expertise to look at an issue
that would eventually only feature peripherally in its final reports.
The TRC not only attempted to establish the truth about individual acts of
terror. It also understood the context in which apartheid era crimes took place.
This led to the establishment of a number of special hearings focussing on the
media, business, prisons, the faith community, the legal system and the health
sector. Many argue that the hearings only touched the surface of the way in which
various professions and sections of society, including South African and foreign
business, propped up the apartheid regime. It did, however, shed some light on
the sectoral responsibility for apartheid.
Many companies either made no submission to these hearings (such as Armscor,
which was responsible for all state weapons procurement during the 1980s) or,
when they did, were criticised for not sufficiently engaging with the past (the
Chamber of Mines, for example, omitted any reference to the migrant labour
system in its submission).30 Some of the critics of the TRC argue that it did not go
far enough in holding senior members of the former government, the security
establishment and the business community to account. The TRC process was, of
course, about restorative justice rather than the Nuremburg-type trials that took
place in Germany after the defeat of the Nazi regime.
By sacrificing the ‘lower’ and ‘middle managers’ of apartheid (the policemen,
soldiers and others who were rightly implicated in the system), the top end of the
apartheid elite were left to while away their days in holiday homes along the
country’s coastline (such as P.W. Botha, who retreated to his villa in the aptly
named resort town of Wilderness). Many of these individuals, including leaders in
business, have never accounted for all their crimes, nor did they apply for amnesty
for offences they might have committed, refusing in some instances even to co-
operate with the TRC. This should not, however, detract from the fact that the
TRC did help thousands of victims of political violence to find some answers to
what had happened to loved ones and thereby contributed to the process of national
reconciliation in South Africa. According to Zenzile Khoisan, a TRC researcher:
As a start it was good, it was auspicious and audacious. It held open the
door of promise to those who have been harmed by history. But it is up to
us who live in the aftermath of the nightmare to wake gently and work
tirelessly to realise the substance of that promise.31
17
Apartheid grand corruption
18
Investigations
19
Apartheid grand corruption
20
Corruption, colonialism and the apartheid state (1652-1976)
21
Apartheid grand corruption
After the end of the South African War (1900–1902) the political leaders of the
‘Notables’, such as Generals Botha and Smuts (both later Premiers of the Union
of South Africa) entered into political deals with the British. This was the beginning
of the so-called ‘bloed SAPe’ (members of the South African Party), who would
make way for the rising force of Afrikaner Nationalism in the second half of the
twentieth century.38
Another historical text indicates that:
One of President [Paul] Kruger’s three sons was his private secretary. A
son-in-law of his, C.F. Eloff, was a businessman who was granted several
(government) concessions, namely business monopolies of one kind or
another.39
Writing in 1899, Hillegas notes that “Eloff was several times a millionaire”.40
At the time reference was also made to a secret ‘third Volksraad’ (a second
Volksraad, or Assembly, existed to represent ‘foreign’ whites), which was an
undercover group of businessmen who secretly controlled the economy and of
which the aforementioned Eloff was said to be a ‘member’.41
Following the bloody South African War, the Union of South Africa, under
British imperial rule, cemented the white dominated political system for the next
50 years. The two former British colonies and the Boer ‘free’ states constituted
the provinces and territory of this new state. A white parliament was elected with
an upper house (Senate) that included representatives of the majority black,
coloured and Indian South Africans. The nascent white state, with the approval
of its imperial overlords, systemically used power to corrupt. The 1912 Land Act
placed 87% of the country’s land in the hands of 13% of the population. This
served two purposes: ensuring white domination of the agricultural sector and
ensuring that black South Africans were forced to move to the cities where labour
was in short supply in the county’s mines. This situation suited the emerging
mining companies, including the forerunners of the latter-day de Beers and Anglo
American. These crony capitalists were the beneficiaries of political patronage
resulting from the convergence of interests between the business and political
elite in the country.42
When the NP came to power in 1948 it deviated from the system of British
colonial rule in that it wished to swell the ranks of those who benefited from the
oligarchy to include working-class white Afrikaans-speakers. However, it had no
intention of extending it beyond this group.
One of the first problems the NP faced in 1948 was that it had won the elections
with a majority of seats (based on a constituency system) but without a majority
of votes. Party leaders were well aware that they would need to grow their electoral
support in the next election and for that, the NP required funding. In such an
22
Corruption, colonialism and the apartheid state (1652-1976)
23
Apartheid grand corruption
24
Corruption, colonialism and the apartheid state (1652-1976)
Corruption in the late 1960s and 1970s appears crude compared with the
sophistication of the 1980s, which saw a clampdown on access to information
under the Botha imperial premiership. Within Afrikaner society there were also
many pressure groups, such as the wine farmers, represented by KWV, who used
their close proximity to Parliament to ‘take people to parties’ and provide them
with a quota of wine annually—this continued in the immediate post-1994 period,
when MPs had access to cost-price wines. Similarly, the large white landowners
further north were equally effective in lobbying by taking ministers on hunting
trips in winter, a practice that started in earnest in the early 1970s.50 These were all
subtle forms of influence buying that could be compared with contemporary private
sector-subsidised golf days for politicians and public sector officials.
The growing nexus between private capital and political power apparent in the
1970s is exemplified in a case of alleged property speculation. The NP elite in the
Cape Province became embroiled in a deal surrounding the creation of new seaside
holiday resorts. They had effectively reversed an earlier decision (made by the NP
government) not to allow any more resorts to be built and favoured a scheme
whereby a private investor (with backing from the Trust Bank) would sell holiday
homes to working class Afrikaners. They were, however, unable to make their
bond payments and the Trust Bank faced financial ruin through this enterprise.
In order to save the NP and its leadership in the Cape huge potential embarrassment,
it is alleged that Sanlam, the life insurance company, was convinced to bail out
Trust Bank in order to prevent a potentially catastrophic political and economic
fall-out.51
In parallel, freedom of political association, movement and the press were
increasingly curtailed by the state machinery. So, too, were other checks and
balances hemmed in. One example is that “…the Auditor-General’s reports stopped
routinely detailing malfeasances after 1967".52
25
Apartheid grand corruption
26
The insiders: The Broederbond
and powerful among the white Afrikaans elite. In 1968 the first Chairman of the
Broederbond, H.J. Klopper, proclaimed at the organisation’s 50th anniversary:
Do you realise what a powerful force is gathered here tonight between four
walls? Show me a greater power on the continent of Africa! Show me a
greater power anywhere, even in your so-called civilised country!55
Such ‘power’ may well have translated into opportunity: Broeders were likely
to be among the first to know of forthcoming large government procurements
and of where universities and harbours were to be built (an advantage for property
speculators). Efforts were made to stack the public service with broeders who shared
similar values of racist nationalism.
According to Prof. Sampie Terreblanche, a former member of the Broederbond,
what was initially networking created opportunities for “circles within circles”.56
A similar argument can, of course, be made about other exclusive ‘clubs’ that are
the preserve of the elite—golf clubs, country clubs, the Freemasons etc. However,
the Broederbond was different in that it had a near monopoly on political power.
This, combined with its support for white capital, meant that it had the power to
set policy that would direct the thinking of the NP and ultimately the white
Parliament and Cabinet. It became the hidden hand that steered the white
establishment and was perhaps only paralleled in power and influence by P.W.
Botha’s State Security Council in the 1980s (discussed below).
By the 1970s the Broederbond had fulfilled its 1918 mission of alleviating
Afrikaner poverty. The organisation had become a powerful network of patronage,
which meant that Broeders had access to contracts and to quotas where the Minister
had discretionary power.57 Author Hennie Serfontein goes on to argue that the
Broederbond was originally an “underdog” organisation concerned with the
interests of impoverished Afrikaners. However, once a significant part of the
Afrikaner community became wealthy it continued to promote Afrikaner
interests—i.e. the interest of the “top dogs”. Terreblanche argues that when a “top
dog” organisation acts as if it is still involved with the interest of the “underdogs”,
it is almost inevitable that a culture of nepotism and corruption will set in.58
According to Serfontein, as early as the 1940s the Broederbond had a system
called help mekaar (‘help one another’). Through the network of about 800 cells
throughout the country, information about vacancies in almost every field of
employment was sent to the head office in Johannesburg. These ranged from
vacancies in public bodies and the professions to openings for tailors and
shoemakers.59
27
Apartheid grand corruption
28
Information, blood and gold
29
Apartheid grand corruption
maintained that both Botha and General Malan knew full well about the
activities of the Department of Information and had agreed to these
throughout.60 He goes as far as to reproduce a note from Botha to Mulder
acknowledging how much money would be transferred from his budget to
the Department of Information that year;
• The Minister of Finance (and later State President), Nico Diedrichs, is thought
to have known of the existence of the slush fund (Diedrichs is discussed in
more depth in this section). The Treasury was kept in the dark about the
secret account; and
• Louis Luyt, a private businessman who was the one-time fertiliser king and
later became the rugby supremo in the 1990s. Luyt had acted as the conduit
for the purchase of The Citizen, one of the Department of Information’s
loss-making assets.
Importantly, the rest of the white Cabinet, white Parliament and its electorate
were kept in the dark.
This was to change in 1977 when Rand Daily Mail (RDM) journalists Chris
Rees and Mervyn Day were approached by a ‘deep-throat’ with information that
would lead to a scandal known as the Information Scandal, or Muldergate.61
Whether an honest bureaucrat leaked the information or if it was part of internal
National Party machinations is not known, but evidence started to emerge of the
vast sums of money and the gilded lifestyles members of the Department of
Information enjoyed. Importantly, Day and Rees also learnt of allegations that
Rhoodie had, for example, spent R320,000 (ZAR2005=R5,9 million) on
publication of a book that was meant to cost half that amount.62 In April 1978, the
RDM reported that Rhoodie had admitted that his Department had:
…spent R10 million [ZAR2005=R187 million; USD-Bank=R26million;
USD-NYSE=R827 million] in foreign currency annually and for some of
this he did not know if he had the authority of the Reserve Bank.63
The full extent of the money available to the Department of Information is not
known because the Secret Defence Fund was used, in part, to channel the money
and details of this account have always been kept secret. Only a handful of the
suspected over 130 ‘projects’ undertaken by the Department of Information (such
as buying publications) were ever revealed—and it is suspected that the majority
continued to function well into the Botha presidency. A surprising revelation was
made in September 2000 on the CBS programme, 60 Minutes, by a renowned
Hollywood producer, Arnon Milchan. Prior to making blockbuster movies such
as Pretty Women, Free Willy and The Fight Club, Milchan was an arms dealer for
the Israeli government (as an Israeli citizen).64 It is worth remembering that
30
Information, blood and gold
apartheid South Africa and Israel co-operated closely on the development of nuclear
and conventional weapons for a number of decades. In the 60 Minutes interview,
Milchan reportedly disclosed that he had worked for the South African state and
that he “used a $100-million fund to buy off politicians and unsympathetic media”.
This was a massive amount of money (ZAR2005=R1,8 billion; USD-Bank=R2,6
billion; USD-NYSE=R8,27 billion) and points towards the types of resources
that were available to defend apartheid. It also gives a picture of the extent of
funds that officials in the Department of Information (and more importantly,
those who had access to the Secret Defence Fund) had at their disposal. Given the
amount of money involved it is also questionable if all of it was spent on its
originally intended purpose. It is also not clear if this was just one of many such
funds that the Department of Information or the South African government
controlled at the time.
The Information scandal was probed by the Auditor-General, a one-man
commission headed by Judge Mostert, and finally by the Erasmus Commission,
which is accused of having not probed the matter sufficiently. Ten years later a
retired member of the bench, Judge Hiemstra, would slam the Erasmus
Commission for being “unequalled in the number of blunders it made,” describing
it as “a means to remove the Information Scandal from the arena”.65
Hiemstra questioned the wisdom of appointing a provincial judge to head up a
commission in a scandal that implicated the State President, the Prime Minister, a
series of other Ministers and senior public servants. He also challenged the merit
of appointing two public servants to undertake investigations in a case that
implicated senior members of the public service.66 From the findings of the
Commission it was also clear that it did not undertake its work without
intimidation from the likes of van der Berg, the head of BOSS, who did not mince
his words when appearing before the Commission:
I really want to tell you…that I can do the impossible…I have enough men
to commit murder if I tell them…to kill. I do not care who the prey is or
how important they are. These are the types of men that I have. And if I
want to do something like that to protect the security of the state, nobody
would stop me. I would stop at nothing.67
He had effectively warned the Commission that he was beyond the law.
Although commissions of enquiry are meant to signal the beginning of attempts
to tackle issues such as abuse of office, as epitomised by the Information Scandal,
the attempts to investigate this scandal signalled, in reality, the end of any attempt
at probing the myriad of secret accounts that would grow under the tenure of
P.W. Botha’s Presidency.
31
Apartheid grand corruption
Soon after the official enquiries were closed many of the central characters
moved on. P.W. Botha survived the scandal to become Prime Minister and later,
Executive State President. Eschel Rhoodie and Connie Mulder left public office
and later public life. General van der Berg also left unscathed—but the brutal
activities of his hated BOSS (and its involvement in fraud) would later probably
inform the activities of the CCB. His old friend B.J. Vorster resigned as Prime
Minister. Before the final report of the Commission was released, Dr. Nico
Diedrichs, the State President at the time and former Minister of Finance, had
died, taking his knowledge of many secrets (and possibly bank accounts) to his
grave.
32
Information, blood and gold
33
Apartheid grand corruption
Alister Sparks, the then-editor of the RDM, travelled to Switzerland and made
two deposits into a numbered Swiss bank account (no. 187-613-L1 E) totalling 50
Swiss Francs. The main branch of United Bank of Switzerland (UBS) in Zurich
accepted both these deposits. On the same occasion Sparks spoke to the former
chairman of UBS, Dr. Saager, who commented: “I was a very good friend of Dr.
Diedrichs and I will not do anything that will raise matters again that will harm
him”.76 His comment was in line with the Swiss banking policy of ‘don’t ask,
don’t tell’ at the time.
After huge public outcry the Advocate-General eventually launched an
investigation that completely exonerated Diedrichs. The secret account belonged
to a Mr. David Mort and contained as little as R500 (ZAR2005=R7,200).77
However, it was also clear that Mort was a friend of Diedrichs and a former business
associate of his family—a matter largely ignored by the Advocate-General at the
time. The Advocate-General could also not find any details of the deposits made
by Sparks, which raised eyebrows as Sparks published the deposit slips on the
front page of RDM.
At around the same time (1980) a story broke that the Erasmus Commission,
which investigated the Information Scandal, had probed an alleged secret Swiss
Bank account which was supposed to contain R128 million (USD-Bank=R2,1
billion; USD-NYSE=R10,5 billion).78 It seemed impossible to shake the story
that money was being stashed abroad and that Dr. Gold was linked to this in
some way.
The mystery deepened when it was revealed that a safety deposit box Diedrichs
had opened at Volkskas Bank months before his death was found empty only
three weeks after he died.79 What evidence had been whisked away? Did Diedrichs
own a foreign bank account to conceal stolen assets, or did it belong to others
within the ruling elite (including the Broederbond)? This is not known but as
Minister of Finance Diedrichs spent months at a time travelling abroad, particularly
to see South African creditors in Europe (including Switzerland). In 1974 the NP
rag, Die Vaderland, described him as South Africa’s “son of the clouds”, who
travelled a half a million flight miles per year.80
It was clear that the NP government had little interest in pursuing the matter
much further: it had been bruised by the Information Scandal and didn’t need
another scandal.
According to journalist and author Alister Sparks, he gave photocopies and
details of the Swiss transfers to the former Minister of Justice, Dullah Omar, in
1995/1996. He is not aware if the Minister requested any further investigation
into the matter as he made no further mention of it. Sparks still believes that there
is a strong possibility that there is a lot of money in the Swiss banks, but expresses
the concern that inactive accounts become the property of the bank after 30 years.
34
Information, blood and gold
Questions remain about the bank account and whether it was linked to the
mysterious ‘Smit murders’ in 1977.
35
Apartheid grand corruption
reported that she had received “numerous death threats” and was promised a
“couple of million rand” to buy the family’s silence.85
In the early 1990s, Eschel Rhoodie, who was linked to the Information Scandal,
indirectly shed some light on the issue in an interview with Noseweek magazine.86
He points to the fact that Smit may have come across a contingency fund for a
government-in-exile that was held in an overseas bank account. Such an account
would serve to assist the white regime should it be forced to flee South Africa due
to war or revolution. According to Rhoodie, the Secret Defence Fund, when not
a laundering house for Department of Information activities, was used to procure
weapons abroad. However, he noticed in the 1970s that a massive amount of
money was lost due to “fruitless expenditure”. He explained:
We figure out that, even with all the mark-ups which one must have when
buying in secret, even allowing for third parties who are always involved
in the process of covering your tracks, allowing for excess commissions and
bona fide fruitless expenditure, that about R200 million more was going
out each year (USD-Bank=R3,4 billion; USD-NYSE=R16,5 billion). That
was just a ‘guestimate’. But even if we were way off by R50 million a year,
there could be a fund sitting out there amounting to a billion or two. If
not, our buyers have been milked to the point where they are the biggest
suckers in the world. And I don’t believe our people are that stupid or
unqualified.87
Unanswered questions:
• Why was Nico Diedrichs allowed to retain senior office for so long,
even when he had a track record of involvement in corruption and
other shady deals?
• Did the ‘Diedrichs’ Swiss bank account ever exist and if so, what
happened to it?
• Do any other foreign bank accounts still exist (for a government-in-
exile or as an overseas slush/defence fund)? What happened to these
accounts after 1994?
• Why were Robert and Cora Smit murdered?
• What secret information did Robert Smit have that caused his daughter
to still receive death threats 20 years later?
36
Information, blood and gold
37
Apartheid grand corruption
close collaboration with the SADF. As Botha muscled out the influence of civilian
structures such as Parliament, the SADF started to play an increasingly important
role within society, occupying townships and exhausting a massive amount of the
annual budget in the process.
Having taken over the reigns as Executive President in 1981, Botha’s so-called
Imperial Presidency reigned supreme over the new tricameral Parliament (into
which some Coloured and Indian South Africans were co-opted). According to
Frederick van Zyl Slabbert, the former leader of the white opposition party, the
Progressive Federal Party (PFP), he had made it his business to visit parts of the
country and neighbouring states (including the war zone in Northern Namibia)
and he realised that the average NP MP had little idea of what was going on.90
One of the Botha establishments’ pet hates was the press and, in particular,
some of the English language newspapers such as the RDM (and later, South, the
Weekly Mail and the Afrikaans language weekly, Vrye Weekblad), which
courageously reported the news that the SABC and other state organs refused to.
One of the issues that the RDM was not prepared to shy away from was that of
corruption. The government, in turn, did battle against the press through censorship
or buying journalists as spies at many newspapers. No doubt to the relief of the
establishment, the RDM was eventually closed down in 1985 by its proprietors,
the South African Newspaper Association (later to become Times Media Limited,
TML, and today owned by Johnnic). A source has indicated that the RDM may
have been shut down in favour of ‘inducements’ offered by the government at the
time.
In the early 1980s the Minister of Broadcasting Services, Pik Botha, announced
that applications for licences to run a new pay-TV channel would be invited from
parties who feared that their businesses might be adversely affected by pay-TV
(later to become M-Net). The two leading applicants were Ster-Kinekor (then
under Sol Kerzner) and Naspers, on behalf of a consortium of daily and Sunday
newspaper proprietors (the ownership was split on the following basis: Naspers
26%, Perskor 24%, TML 24%, Argus 24% and Daily Dispatch 2%).
After canvassing with Pik Botha, the licence was awarded to the newspaper
consortium. This would see the birth of the pay-TV channel M-Net, an
entertainment-driven broadcaster (a condition of its licence was that it could not
broadcast news). The reason given by Pik Botha was that televised advertising
would have an adverse effect on newspapers and it was in South Africa’s interests
to have a ‘dynamic’ print industry. However, in the decade after that newspaper
advertising volumes grew and they never suffered the loss that was predicted. One
question that arose out of the deal is whether the government would have favoured
the newspaper consortium had the RDM, a voice critical of government, not have
been closed down by TML. Was there a trade-off between the newspaper
38
Corruption under P.W. Botha and F.W. de Klerk
39
Apartheid grand corruption
General Mining (the first big white Afrikaans mining conglomerate) in 1965 to
establish the Bank of Lisbon.93 This association, especially given the links between
General Mining and the Broederbond and the NP, was no doubt politically
advantageous to the Bank at various stages in its history. The actions of the Bank’s
chairperson, Justice Cecil Margo, raised eyebrows in the early 1990s. Margo, (who,
among other things, became known for chairing the controversial enquiry into
the aeroplane crash that caused the death of Mozambican President Samora Machel),
wore another hat while chairing the Board of the Bank of Lisbon, serving
simultaneously on the Bench of the Supreme Court. The Sunday Times highlights
the conflict of interest this created in a 2000 obituary:
As Judge he heard cases involving the bank…which played a murky role in
several highly questionable apartheid era deals….of which he was chairman.
There can be little doubt that his authority and stature made it very difficult for
people to ask questions about the bank that many feel should have been asked.94
Margo succeeded Portuguese billionaire, Joe Berardo, as Chair of the Bank of
Lisbon.95 Berardo, who once held interests in South African mining, is an
internationally recognised art collector and now lives in Madeira. He was also the
subject of public attention in 1990 when he was fingered in the van Zyl Commission
of Enquiry for illegally exporting 297 extremely rare and endangered species of
South African cycads to Funchal, the capital of Madeira. Berardo, who received
permission to transport the trees from the Eastern Cape to the Transvaal, shipped
them out of the country after having declared to the Reserve Bank that their value
was R22,300 (ZAR2005=R104,943). The true purchase price of R285,000 was
almost ten times more (ZAR2005=R1,341,202).96 It can only be speculated that
this assisted with ensuring favourable import taxes that may have been levied for
the importation of the cycads to Madeira. However, testimony before the Van
Zyl Commission also indicated that Berardo’s agent in the purchase had, on a number
of occasions, used the Minister of Foreign Affairs Pik Botha’s name in negotiating the
permits—a suggestion that both Botha and Berardo’s agent, van Blommenstein, denied
at the time.97 However, it appeared that Pik Botha and Berardo had at some stage
developed a cordial relationship. The Madeiran website, www.madeiraisland.com,
briefly announced in 1998 that Botha had arrived on the island and:
…was invited for a stay on the island by Multi-Millionaire Joe Berardo…
‘Pik’ is a very popular personality with the Madeiran community in South
Africa and his personal contacts extend beyond Joe Berardo to other
prominent Madeiran Businessmen and Leaders.98
However, these questionable relationships between the business and political
elite aside, it is important to note that the inner workings of the apartheid state
40
Corruption under P.W. Botha and F.W. de Klerk
41
Apartheid grand corruption
must have been all too familiar with the state of affairs when he took over the
State Presidency in 1989. Sampie Terreblanche argues that of all NP leaders, de
Klerk presided over the most corrupt period:
…[it] might have been the most corrupt of them all. The shortage before
lending in the budget increased from three to nine percent between 1990
and 1994. Public sector debt increased from R90million
[ZAR2005=R198billion] in 1994 to R240 billion [ZAR2005=R486
billion] in 1995 [this includes the debt of the homelands that was
incorporated after 1994]. This was the final period of white plunder.103
He adds that by the 1990s:
the entire bourgeoisie establishment knew that they only had a few years
left and they enriched themselves shamelessly. This includes the government
bureaucracy and a large segment of Police and Defence Force.
This is not dissimilar to situations where regimes are about to implode and which
see a virtual free-for-all in the run-up to an inevitable regime change. In South
Africa by this stage it had become a matter of ‘when’ and not ‘if’ a democratic
government would be elected. As Sunday Times editor, Ken Owen, noted at the
time:
…the prosperity of the mandarins is teaching South Africans of every race,
what matters in this game: it is to get your snout into the trough and grab
as much as you can get. For the manoeuvrable man with a flexible
conscience, this is the time to get yourself elected to some council or other,
or to get astride the floods of money that flow from the fiscus, or simply
pick up the contracts that flutter like confetti at a wedding in the name of
privatisation.104
Hyslop (2005) argues that:
…once it became clear that the end of white rule was at hand, there was a
rush to grab as much in the way of spoils as possible before the curtain
came down. De Klerk shut down the Department of Development Aid in
1991, after a commission under Judge Pickard found that it was a swamp
of corruption. Pickard wrote that ‘public officials felt they were missing
out if they were not helping themselves’ and noted significantly that ‘many
of these officials had become disillusioned by their futile efforts to serve
apartheid ideology’. Similarly, an enquiry into the Department of
Education and Training found the department riddled with ‘corruption,
fraud, bribery, kickbacks…and a general lack of accountability’.105
42
Corruption under P.W. Botha and F.W. de Klerk
43
Apartheid grand corruption
44
Corruption under P.W. Botha and F.W. de Klerk
It is also believed that there was a rush of long-term contracts entered into at the
time with various service providers that would tie the new government’s hands
for some years to come.
Had sanctions and the liberation movement brought the country to its knees
or was it a case, as Ken Owen argued, that F.W. de Klerk was brought to the
negotiating table by “the bankruptcy of a nation that had been looted until it
could no longer honour its debts”?120 Owen goes on to argue that we “owe our
liberation, really, to greed”. This is clearly true in part; however, liberation was
brought about by a number of factors including internal and external struggle.
Corruption, on the other hand, became the drug of choice for a regime intent on
self-destruction. It had the predictable consequence of severely damaging society
as a whole and not only the incumbent political elite.
Looking back, Sampie Terreblanche remarks that:
With the wisdom of hindsight, we now realise that the structural corruption
that took hold in the public sector and in the dealings between the public
and private sector in the 15 years before 1994 was far more serious than was
appreciated at the time and the long-term effects were extremely damaging.
When the democratically elected government assumed power in 1994,
corruption in the private sector proved to be really ‘structural’ or ‘endemic’.121
45
Apartheid grand corruption
8.1 The production and procurement of arms: Armscor and sanctions busting
The arms industry is one of the murkiest in the world with kickbacks, commissions
and bribes being accepted as the norm. The cost of such ‘sweeteners’ increase
dramatically when a country that sells or produces arms is under an international
arms embargo. The UN placed South Africa under an arms embargo (together
with a restriction on the sale of oil to the country) in 1977. For nearly two decades
South Africa’s strategy was to develop a massive domestic arms industry through
large-scale subsidisation, while continuing to procure all essential weapons material
abroad, at a premium, from countries and middlemen who were prepared to bust
the embargo. The country probably paid a hefty financial price for such sanctions
busting.
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47
Apartheid grand corruption
In many instances businesses not only profited from the sale of goods to
Armscor, but also from investments Armscor made in their businesses thereby
subsidising the development of weapons that could be sold for profit on the
international market. According to a former employee in the arms industry, Mr.
Fritz Louw, one company he worked for was allegedly involved in such activities.128
Louw, a former employee in African Defence Systems (ADS), was involved as an
engineer in upgrading the Cactus (Crotale) missile system. ADS was a subsidiary
of Bill Venter’s Allied Electronics Group (Altech) at the time and is now owned
by the French company, Thomson CSF (Thales), which has more recently been
linked to alleged corruption in the South African post-apartheid arms deal.
According to Louw he was originally employed in 1992 by an Altron subsidiary
called Teklogic (later to become ADS), which was updating the technical
requirement of the Cactus missile. Louw was aware that the French (as original
developers of the missile technology) were supplying the various technical
specifications or codes as required in return for payment by Teklogic. This all
took place in contravention of the arms embargo and Armscor is alleged to have
carried the cost of acquiring this information. According to Louw, ADS could
then sell the technology on the international market, while the South African
public had effectively subsidised the development of the technology without seeing
any monetary profits from the sale.129 If what Louw alleges happened at Teklogic
it is likely that this was a common practice across the arms industry.
The SADF, under the leadership of P.W. Botha in the 1970s and later under General
Magnus Malan, openly supported Jonas Savimbi’s rebel Unita movement in South
Western Angola from the mid-1970s until the late 1980s. This took the form of
direct military intervention (attacks) in Angola on civilians, the Angolan military
as well as SWAPO and ANC freedom fighters. The SADF also assisted Savimbi
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The security state
by supplying him with a generous annual budget, weapons and military support
in his battle against the Angolan government.
By the late 1980s news began to trickle out that the SADF (and possibly senior
SADF personnel) may have been involved in profiteering while waging war. In
1988 a US environmentalist, Craig van Note, testified before the US House of
Representatives that senior members of the SADF and the government were
involved in Africa’s biggest ivory smuggling ring, which had slaughtered almost
100,000 elephants to help finance the civil war in Angola and Mozambique.131 The
tusks were being smuggled through South Africa, Burundi and Zaire (the
Democratic Republic of Congo) for resale abroad. These allegations led to a
commission of enquiry that cleared the SADF of any involvement. However, the
Kumleben Commission appointed after 1994 found substantial proof of SADF
involvement in the ivory trade through a front company, Frama Inter-Trading,
which was later supposedly privatised.
One person who witnessed the wholesale slaughter of Angolan wildlife, and
was prepared to talk out about it, was Colonel Jan Breytenbach. Among other
things, he founded the SADF’s 32 Battalion and spent a large part of his career in
the SADF based in north-eastern Namibia. Breytenbach eventually wrote a book,
Eden’s Exiles, which presents an account of his experience during that time.
In an interview Breytenbach described what he witnessed while based in the
Caprivi in the late 1980s.132 Breytenbach saw the bush, which was teeming with
wildlife in the 1970s, turn into a “green lifeless desert” by the 1980s. He received
reports from informants in south-eastern Angola and Caprivi that animals such as
rhino had been shot almost to extinction. Simultaneously he also learnt of reports
of soldiers coming across ammunition boxes full of ivory, either in transit to
South Africa or waiting for transport at SADF military bases.
South West African Nature Conservation set up roadblocks at that time and
began coming across cars carrying Kiaat wood and some ivory as well. Rumour
also had it that there was an ivory ‘pipeline’ that members of the SADF were
using to channel diamonds (from Angola) and drugs (primarily mandrax) from
Zambia.
When Breytenbach attempted to raise his concerns with a number of senior
officers he was effectively blocked. However, he realised that there was more at
play when at least two people investigating the matter died mysteriously:
• Captain Hennie Brink of the Diamond Branch in the South West African
Police met with Breytenbach and confirmed that a number of people were
involved in the ivory trade—some potentially higher than the generals. It
was then that Breytenbach realised that ivory smuggling was organised at
the highest level. Brink, who some time thereafter (1989/1990) died in a car
accident, maintained that the ivory hunting operation had been knocked
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Apartheid grand corruption
together at a ministerial level and would have to have been a joint operation
between the military and the administration. In order to get tusks registered
in South Africa there would have had to be co-operation with the Northern
Transvaal Nature Conservation Department (whose responsibility this was at
the time). To facilitate this it would require a man with power, such as General
Magnus Malan, the Minister of Defence, or somebody else with equal rank.
• There are further allegations that before Brink investigated the matter a
Nature Conservation official (Muller or Mulder), who had also been
investigating the ivory trade, was killed in a car accident. Breytenbach alleges
that a friend of his in Nature Conservation, Manie Grobler, was played an
audio tape recording that implicated the military in smuggling ivory. The
tape contained incriminating evidence and Grobler told Muller to make a
duplicate copy as soon as possible. Muller then placed the tape in his briefcase
and left by car to Grootfontein from Rundu where he was to hand the tape
over to another official. Before he could do this he was killed when he drove
into a large grader that pulled out in front of him. When Muller’s contact in
Grootfontein heard about the accident he rushed to the scene but the briefcase
containing the evidence had disappeared.
According to official SADF accounts, the money that would have been recouped
from the sale of ivory would flow back into funding the Unita rebels. However,
Breytenbach knew that in the year 1986/1987 alone, the SADF’s assistance to
Unita through military intelligence totalled R400 million (ZAR2005=R2,5 billion)
and this excluded the supply of almost all Unita’s hardware and fuel. It is therefore
unlikely that this was the reason behind the SADF’s interest in ivory smuggling.
It is more likely that the potential for self-enrichment that this presented to SADF
officers was enormous. General Chris Thirion, Former Deputy Chief of Staff
Intelligence, agrees and suspects that Savimbi was in fact over-funded at the time.133
Stefaans Brummer, an investigative journalist, compares the access that the SADF
had to diamonds and ivory in Unita territory to the mining concessions provided
to the Zimbabwean government and generals who were involved in supporting
Josef Kabila’s government in the DRC.134 General Thirion also points out that
numerous highly placed generals were allegedly invited to hunting parties in Angola
at the state’s expense (directly or via Unita). The excuse used was that they were
Jonas Savimbi’s guests. Savimbi had started to develop a personal relationship
with many highly placed SA military officials and had ways of thanking them for
fighting his battles in Angola (and in South Africa, with the South African
securocrats).
General Thirion, who is very clear that he refused to touch a diamond or any
ivory while in the SADF, maintains that there were many honest members of the
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The security state
I instructed officers working for me to find out who in the SAP we must
speak to, which we did. The SAP came and I handed the ivory over to
them and it was then given to Nature Conservation. Some people were
very angry when they heard about this...This does not confirm they were
involved in anything but it was a strange reaction.135
This does not prove anything other than the fact that the ivory was not necessarily
all sold off to aid Unita. Whoever kept the ivory in the Military Intelligence stores
may have had more to hide.
8.3 Covert projects and covert profits: The CCB and other operations
…the recent history of South Africa shows clearly how the pursuit of state
interests by covert or clandestine means, and the provision of funds or the
implementation of plans which are not publicly accountable, encouraged
the growth of corruption in South Africa and elsewhere.
Stephen Ellis, Africa and International Corruption, 1998136
This section probes the secret funding by the state of various covert units within
the SADF and other state structures (such as the Police), which were designed to
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Apartheid grand corruption
murder, steal, spread propaganda and buy political influence on the instruction of
the security state. The details of these intrigues only became public in the 1990s
through the work of investigative journalists, whistleblowers, commissions of
enquiry and, finally, the TRC. This section focuses on the following elements of
South Africa’s covert war:
• investigations into secret funds by the TRC;
• the CCB;
• covert funding and ‘Dr Death’ (Wouter Basson);
• Operation Marion (KwaZulu); and
• covert theft.
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Apartheid grand corruption
The staggering figure of R339,19 billion is approximately equal the amount the
modern South African state spends on procurement over a two-year period, or
marginally less than the annual budget as presented by the Minister of Finance to
Parliament. When reading this balance sheet together with the lack of oversight
over these funds, it is clear that tremendous opportunity existed for abuse of such
funds. Even if 1% of the 2005 value of the budget was lost through corruption and
fraud it would mean that a handful of individuals are in possession of almost
R3,39 billion in current value. Given the secret nature of the accounts and lack of
oversight the figure could conceivably be five to ten times as high.
The SADF Defence Secret Account stands head and shoulders above the rest in
terms of its total value and many other departments would turn to it for additional
funding for covert operations. The Auditor-General found that the Department
of Foreign Affairs (under the helm of Pik Botha for much of the time), spent
R210,087,535.32 (ZAR2005=R1,36 billion) “for control of sanctions and
disinvestment out of secret funds” in a total of 417 projects.140
Given the inherent limitations in auditing these figures, the Auditor-General
could not guarantee their accuracy. They could be lower or, more likely, higher.
The TRC did make some important recommendations with regards to secret
funds:
• Secret funding was inadequately administered and audited—although
attempts were made after 1991, through the Kahn commission, the
ministers’ committee on special projects and the evaluation commission,
to redress this situation.
• Initiatives undertaken by the Auditor-General’s office to execute a more
precise audit were hampered by legislative constraints and a ‘need-to-
know’ milieu which prevailed in state departments, as well as by the
refusal of some state officials dealing with secret funds to provide the
documentation and other information needed for auditing purposes.
• Agents and state employees working on secret projects received financial
and other settlements when specific secret projects were terminated,
which should be regarded at least as morally questionable.
• Funding through the special defence account in particular was not subject
to adequate auditing until at least the 1985–86 financial year.
• The funding of CCB activities was at no time subjected to an adequate
audit.
• Questions remain as to both the activities and financial resolution of
several projects. In particular, the issue regarding the use made of the
large sum of money located in a foreign trust account is outstanding. It
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is suggested that the assets of the trust were in the vicinity of R20 million
[ZAR2005=R44 million; USD-Bank=R55 million; US-
NYSE2005=R111 million], after the payment of recommended
settlements.
• The commission finds that insufficient information is presently available
to describe these projects adequately and recommends that further
research and investigation be done into these secret projects to establish
a fuller picture of their range of activities.141
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Even after de Klerk had supposedly shut the CCB down (and stopped all other
covert funding in March 1990), Magnus Malan is alleged to have authorised a
further payment of approximately R9 million (ZAR2005=R21 million) to the
CCB between April and July 1990.150 In 1991 the Weekly Mail broke the news that
the SAP had been covertly funding Inkatha Freedom Party rallies and that the
SADF had been involved in the training of IFP soldiers in Namibia.151
The legacy left by the CCB can be traced to both the untold suffering it caused
and the many front companies it spawned. In an interview journalist Jaques Pauw,
who first exposed many of the CCB activities with the help of CCB turncoat
Dirk Coetzee, recounts an experience when he was handed a USD$100 bill to
look at by (ex-CCB operative) Ferdie Barnard.152 It was counterfeit but looked so
genuine that only an expert could tell the difference. According to Pauw, before
Vlakplaas was finally disbanded in 1992/1993 it had a ‘money-machine’. It is
believed that one of the fathers of the Vlakplaas members worked at the South
African Mint and had produced plates for Vlakplaas to use in making US dollars.
When Vlakplaas was disbanded the ‘money-machine’ disappeared and may have
been used to print cash for private gain. At the time (the mid-1990s) the continent
was awash with fake dollars and the US Federal Bureau of Investigation (FBI) was
allegedly so worried about this development that they came to see South African
officials to discuss the matter.
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Apartheid grand corruption
houses, take trips abroad on private jets and purchase equipment (such as chemical
warfare suits) that was allegedly never used and may have been sold for private
gain at the time of the first US invasion of Iraq in 1990/1991.155
Authors Chandre Gould and Marlene Burger give an excellent account of the
dealings that Basson and his cronies were allegedly involved in during the almost
dozen years (1980–1992) that he headed up the SADF’s CBW Programme.156 The
infamous Project Coast was a product of the CBW Programme and manufactured
poisons, drugs and other chemical agents for use in apartheid’s war. There were
allegations that SWAPO fighters were drugged and dumped from helicopters over
Namibia’s Skeleton Coast. Throughout this period Basson and others lived a life
of luxury, moving between large homes and private jets. They were, to an extent,
a law unto themselves with little effective oversight over the way in which funds
were spent.
In an interview researcher and CBW expert Chandre Gould questions the entire
plausibility of the CBW programme, believing that “it made no sense in the first
place”. She argues:
Why spend R10 million on a programme that one effectively has in place
already? There was no assessment of biological threat. There was no need
for specialised crowd control, they already had CS gas (tear gas).157
Gould goes on to argue that this begs the question, “Was it about satisfying
personal ambition—or was it about self-enrichment?” Unless the NPA finds new
evidence that could lead to a further prosecution, Gould’s question will remain
unanswered.
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open to abuse. All effort was made to distance Pretoria’s funding of Operation
Marion from the KwaZulu government of Chief Minister Mangosuthu Buthelezi.
A report presented at a State Security Council (SSC) sub-committee in January
1986 notes that:
i) Chief Buthelezi is concerned that open special support will destroy his
political credibility, therefore it must be ‘considered and discussed with
him thoroughly’. He must not be seen as a ‘puppet of the RSA govt’.
iv) The impression to the outside must be that the capabilities provided
came out of their own resources.
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Apartheid grand corruption
According to Coetzee the money was used to buy Daisy Farm, 15km from
Vlakplaas and close to the Pelindaba nuclear facility. Coetzee alleges international
assassinations were planned from there including that of vocal apartheid critic,
Olof Palme, the Swedish Prime Minister, who was assassinated in the 1980s.162 A
week before Coetzee’s revelations, former CCB operative Eugene de Kock is
reported to have made allegations in the Pretoria High Court that Williamson
was involved in the Palme assassinations and others.163 Williamson denied any
involvement in the Palme assassination at the time.164 If there is any truth to these
allegations it would mean that monies stolen from Sweden may have been used to
assist in plotting Palme’s death—a macabre twist.
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As explained in earlier sections the South African economy had developed the
characteristics of a siege economy by the 1980s. This was preciptated by the UN-
imposed economic sanctions starting in 1977 that focused on the export of arms
and oil to South Africa. The country could develop the infrastructure to produce
much of its weaponry locally but the South African economy ran on oil and
Sasol’s ‘coal to oil’ syntheitic fuel industry could not cover all its requirements.
This required the government to set in motion various sanctions-busting operations,
which are discussed later in this section. Sanctions busting is, of course, extremely
vulnerable to fraud and corruption due to the secret nature of such activity and
the use of middlemen throughout the process.
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Apart from arms and oil, a third set of sanctions that took a heavy toll on the
economy concerned the lack of foreign credit available to the regime. In the mid-
1980s foreign banks, traditionally loyal supporters of the apartheid state, started
calling in many of South Africa’s short-term loans. This was both due to the
growing influence of the international anti-apartheid movement and a result of
P.W. Botha’s ‘Rubicon’ address in August 1985 (this was a hardline address that
confirmed the fears of an already jittery international market that Botha was not
ready to choose compromise over conflict). The Reserve Bank was subsequently
in desperate need of foreign capital and accordingly, in the mid-1980s a parallel
currency—the financial rand—was introduced. This allowed foreign residents to
bring in capital on the basis that it would be valued at approximately four times
the rate of the commercial rand. This, too, was a system that was open to massive
abuse, through a process known as ‘round tripping’, as discussed in more detail
below.
An additional factor that placed strain on the economy was driven not by
sanctions but by sentiment among the South African elite, who wanted to get as
much money off-shore as possible since they had little confidence that the ‘party’
was going to last. This became known as capital flight or foreign exchange fraud.
Those involved were in search of foreign bank accounts and foreign assets in
which to invest their money. However, moving money abroad without the
permission of the Reserve Bank was illegal. Until the mid-1990s, South Africans
were limited to moving a tiny annual sum of money (relative to the wealth of the
country’s rich) out of the country (less than R20,000 for individuals and R30,000
for tourists).
This section examines these four areas in more detail. It also discusses the role
of the Reserve Bank as a key player in South African monetary supply.
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Apartheid grand corruption
Arthur Klinghoffer, who has written extensively on the fraud in his book Oiling
the Wheels of Apartheid, describes how three novices in the international oil trade
offered to supply the South Africa SFF with oil.172
The South Africans agreed and supplied a cash advance that allowed the traders
to purchase a tanker, shipping company and the required insurance. The tanker
docked in Kuwait and filled its tanks with oil owned by Shell. The oil was registered
for delivery in France. However, en route to Europe from the Gulf the tanker
stopped in Durban and off-loaded almost all of its oil crude oil—almost 180,000
tonnes—with the South Africans paying the difference between the purchase price
and the fees it had advanced for the purchase of the tanker. The Salem was then
filled up with water in order to create the impression that it was still laden with
oil. Off the coast of West Africa (Senegal), at one of the deepest points of the
Atlantic, the ship was scuttled and the crew, who were prepared for the evacuation,
were conveniently ‘rescued’. They had hoped to make an extra $24 million off the
insurance claim for the lost oil. Following investigations by the insurance company
the main perpetrators were prosecuted. The biggest loser next to Shell was South
Africa, as it agreed to pay the Dutch multinational US$30 million (ZAR2005=R436
million) in an out-of-court settlement. Shell was left to carry a remaining loss of
US$20 million. The use of corrupt middlemen had cost South Africa almost half
a billion rand. There was no prosecution in South Africa of the officials at the SFF
who had authorised South Africa’s procurement of a full tanker of oil from three
novice (criminal) entrepreneurs.
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Dealing in embargoed goods also means that a country is forced to start doing
business with middlemen who may have dubious records when it come to good
business practice. The Amsterdam Shipping Research Bureau compiled a
comprehensive list of companies that shipped oil to the apartheid state. At the top
of the league was Marc Rich, a fugitive from US justice (later to be pardoned by
President Bill Clinton in the late 1990s, shortly after he allegedly made donations
to the US Democratic Party).174 Of the 865 shipments of oil in excess of 50,000
tons delivered to South Africa that could identified by the Amsterdam Shipping
Research Bureau (there were probably many more front companies that went
undetected),15% (+- 26,2 million tons) can be attributed to Marc Rich.175
In the mid-1990s Frene Ginwala, the Speaker in the South African Parliament,
remarked:
There may have been other companies that we [the liberation movement]
would have liked to see disinvest from South Africa but instead remained
in the country. But I want to distinguish these from people like Rich who
were pure speculators and profiteers, who broke laws and violated sanctions
and who I personally would want to see treated as criminals and pirates.
But what I would like to see and what actually happens is another
thing…But if South Africa awards a big contract to Marc Rich, I am still
able to write to the press and speak about it.176
In 2003 Rich, who made his first big deal with apartheid South Africa in 1978, was
once again doing business with South Africa. His company, Glencore, supplied
Imvume with oil in the infamous ‘Oilgate’ deal. Allegations are that the oil
parastatal, PetroSA, purchased oil from Imvume, which was an alleged conduit
for funding of the ANC (there are no allegations that PetroSA was aware of this).
Few, if any, media commentators have made the connection between Marc Rich,
the supplier to apartheid South Africa, and Marc Rich, oil dealer to a democratic
South Africa.
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Apartheid grand corruption
This raised R2,9 billion in revenue which Trevor Manuel announced would be
assigned to joint public-private partnership investments in community
infrastructure and business development in low-income neighbourhoods.
This was an important process but, given the nature of amnesties, did not see
any individuals or companies involved in foreign exchange fraud facing prosecution.
In a sense it was a milder form of the TRC in that it only carried with it a financial
burden for those willing to participate in complete disclosure. This does not, of
course, exclude the possibility that that the Minister of Finance may request the
state to institute charges against those individuals who did not disclose their foreign
assets.
The foreign exchange control amnesty includes the period post-1994, when the
country saw the biggest outflow of cash. This outflow was probably a mix of
exports of personal assets, often illegally, along with short-term investments by
foreigners in the stock exchange (legal) and large institutional outflows (for example,
the legal listings on the London Stock Exchange of several South African
corporations).
This does not detract from the sheer value of criminal externalisation of South
African funds in the period before 1994. While conducting this research no exact
measurement of this could be found. However, according to research conducted
by Brian Khan178 in 1991 (looking at capital outflows from 1978 until 1988), there
are three models to determine capital outflows. Two are reproduced below.179
• The balance of payment approach: This focuses on the recorded flows of
residential capital in the Reserve Bank balance of payments account.
According to this model (which is not described in detail here), there was
capital flight from South Africa in every year between 1972 and 1988, except
1982. Cumulative capital flight for the period is estimated at $12,4 billion
and, during the two heaviest periods of outflows, estimated capital flight
averaged 10% of gross domestic fixed investment.
• The partner country trade approach: This recognises that a major channel for
capital flight is the over-invoicing of imports and the under-invoicing of
exports. The figures calculated from this are in addition to the figures above
and represent an additional form of capital flight. The methodology, although
with its problems, suggests that under-invoicing of exports was a greater
problem at the time than over-invoicing of imports. The research shows
that cumulative capital flight through under-invoicing may have amounted
to US$20 billion (worth well over R100 billion in 2005 value) for the period
1970–1988.
In a separate study, Mohammed and Finnoff also suggest that there was a large
volume of capital flight during apartheid, indicating that “during the 13 years of
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Crime, capital and apartheid
apartheid from 1980 to 1993, average capital flight as a percentage of GDP was 5.4
percent a year”.180
Lost between the tens of billions of rands are the tales of elite crime and
misconduct. Such misconduct is less tangible than the theft of a loaf of bread by
an indigent person but has a social and economic impact which far outstrips the
crimes of the poor in society. It also stresses the fact that the elite were prepared to
break apartheid’s own laws when this was in the interests of private profit. This is
exemplified in the simple act of moving funds offshore illegally or in the US$20
billion estimated to be lost to under-invoicing. This and other forms of exchange
control fraud are discussed in the next section.
9.3.1 Gold
Anecdotal stories from the late 1980s tell of wealthy socialites leaving the country
laden with gold jewellery and furs that, once they arrived in the global North,
were sold and turned into cash. Such activity was probably minor in comparison
with smuggling operations. Gold and other precious metals (as well as precious
stones) are easy to come by and can be bought from illegal mining operations if
necessary. This provides a perfect conduit for externalising currency. If the person
wishing to shift money offshore is a senior South African government official, the
trusty diplomatic bag is one option that could be used to smuggle small quantities
at a time to a safe haven such as Switzerland or the Isle of Man. Some ‘entrepreneurs’
are also said to have woken up to this opportunity. In 1996 Minister Sydney
Mufamadi (then Minister of Safety and Security) announced that police had
investigated a scam connected to the smuggling of 49 consignments of gold out of
South Africa in 1994, with a value of US$52 million (well over R300 million).181
This smuggling ring may have acted on behalf of wealthy South Africans wishing
to move their money out of South Africa illegally. In November 1996 Safety and
Security Minister Sydney Mufamadi informed Parliament that Police investigated
(but did not charge or convict) socialite Paul Ekon.182 Ekon, who is reported as
saying that, “…he found the charge ‘unbelieveable’ and that ‘Mufamadi has a lot to
answer for’”,183 had made efforts in the preceding years to ingratiate himself with the
ANC leadership, including funding birthday parties for prominent politicians.
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Apartheid grand corruption
through the financial rand and then take their money out at the higher commercial
rand rate. The South African public would directly subsidise the investment—or
alternatively, if it involved ‘round tripping’, the fraud.
One example of alleged currency round tripping involved Oliver Hill, a South
Africa resident who was sequestrated. Although resident in South Africa, he
artificially brought funds into the country at the financial rand rate and expatriated
real profit (as the difference between the two) at the commercial rand rate.184 Hill,
who fled South Africa in the 1980s, was eventually arrested in London and faced
extradition on 500 charges involving foreign exchange fraud totalling R210 million
(this was primarily linked to the forgery of Eskom bonds).185 Hill was held in
custody in the UK while fighting the application from South Africa for his
extradition. It is believed that the matter was eventually settled on the basis that
Hill would be released from custody and could return to South Africa as a free
person, having paid back to South Africa some portion of his ill-gotten gains. It is
furthermore believed that the amount paid back was kept confidential as part of
the agreement between Hill and the Reserve Bank.
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Apartheid grand corruption
• The Standard Bank International trade centre reported in July 1992 that it
had detected a R160 million (ZAR2005=R441 million) foreign exchange
fraud attempt involving a major international syndicate.194 Although police
were investigating the matter it could not be ascertained if anyone was charged
or convicted.
• In March 1993 a couple charged with exchange control contraventions
admitted to the Johannesburg Regional Court that they were part of a R400
million (ZAR2005=R969 million) scam and had “exported” R19million out
of the country for “customers”.195 It is not known if they were found guilty
of any crime in court.
• In November 1993 a warrant of arrest was issued for Mr. Neville Jessop.
Allegations against him related to charges of fraud and contravening exchange
control regulations involving R64,8 million (ZAR2005=R157 million).196 It is
not known whether he was eventually charged and convicted on such charges.
• The company auditor and other shareholders in Postmansburg Mining and
Exploration (Pty) Ltd were charged, arrested and appeared in court in 1993
for alleged contravention of foreign exchange regulations to the value of
R72 million (ZAR2005=R174 million).197 It is not known whether they
were found guilty of such contraventions.
• Wealthy Pretoria businessman Jacques Joubert was arrested and appeared in
court in 1993 in connection with alleged foreign currency fraud involving
R179 million, which had been allegedly mostly transferred abroad through
a company called Namib Gems (ZAR2005=R433 million).198 It is not known
whether he was convicted on such charges.
• Cape Town chartered accountant Nicolaas Griesel was convicted in August
1993 on charges of fraud and foreign exchange control contraventions
totalling R80 million (ZAR2005=R220 million). Griesel was implicated in
round tripping.199
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institutional culture. At the helm of the institution from the early 1980s until
after 1994 were two alleged members of the Broederbond, Gerhard de Kock (1981–
89) and Dr. Chris Stals (1989–1999). Stals is now one of the lead players in the
continental African Peer Review Mechanism Process. These two leaders’
membership of the Broederbond and their positions at the Reserve Bank may, of
course, have been purely coincidental, but it was clear that the Broederbond had
friends in high places.
Within the Reserve Bank, the exchange control directorate was under massive
pressure to efficiently police the number and value of capital transfers. Were there
temptations for corruption? To date, there have been no such allegations but there
has been no public investigation, either. As an agent of the apartheid government,
the Reserve Bank and its personnel knew all about the movement of capital in and
out of South Africa.
Professor Andre Thomashausen of UNISA’s Institute of Foreign and
Comparative law points out that the Reserve Bank enjoyed, and still enjoys,
unfettered and draconian powers in terms of a broad and vague Act of Parliament
that gives the Minister of Finance unlimited powers, by means of regulations, to
control any transactions involving foreign currency.200 The Minister simply
delegated this power to the bank itself, which exercised it by appointing a small
number of forex dealers as the only persons allowed to receive and process
applications for forex authorisations. The decisions over forex applications were
governed by secret Directives, issued by the Reserve Bank from time to time to its
appointed forex dealers. The Directives may not be disclosed to clients and forex
applicants or the public and are often changed with retrospective effect. According
to Thomashausen, the Directives form a body of “secret law”, something
extraordinary anywhere in the world. Thus, in the apartheid years forex
authorisations could be delayed or withheld at will from politically undesirable
persons and businesses. According to Thomashausen this was an “enormous
opportunity for corruption”. As an example, take a manufacturer who needs to
buy steel on the international market. However, he is required to pay in US dollars
within two weeks, to take advantage of good prices prevailing in the market at the
time. In such an instance, having contacts within the Reserve Bank will result in
the granting of an immediate authorisation and allocation of the required forex,
thus ensuring that the manufacturer is able to pay for the steel at the price quoted
and not at some future (more expensive) price.201
However, it was not only the Reserve Bank that could be manipulated by the
state for personal or political benefit. The tentacles of the state machinery reached
into the private banking sphere. One example thereof was Volkskas, the
government’s bank of choice and, together with Trust Bank, eventually part of
the Allied Bank of South Africa (ABSA). It is understood that there was a room in
71
Apartheid grand corruption
the Volkskas head office in Pretoria known as the Geheime Kamer (‘Secret Room’)
where many decisions were made to finance sanctions busting deals—and in which
Volkskas handled foreign exchange for the government.202 It was also alleged that
leading bankers in Volkskas were also members of the Broederbond. According
to former ABSA banker Bob Aldworth, he was told by Hennie Diedericks (former
CEO of Volkskas and Trust Bank) that, “…it was a prerequisite to be a
Broederbonder if one sought to rise to the top”.203 Aldworth adds: “At board
meetings, Broederbond matters were openly discussed and the ethos of Afrikaners
sustaining other Afrikaners was paramount”.204
There are a number of high-profile cases implicating the Reserve Bank in alleged
corruption. It should be noted that they include a number of other actors as well,
but are included in this section for ease of reference. They include:
72
Crime, capital and apartheid
As Aldworth points out, these small numbers do little to help one understand
the magnitude of the sums involved. The interest (the R1,50 described as a gift
above) earned first by Bankorp and from April 1992 by its new owners ABSA,
“…equalled R1,125 billion [ZAR 2005=R2,281 billion]. The agreement remained
in force until 23 October 1995”.
When the Reserve Bank’s Governor, Chris Stals, was confronted with evidence
of this secret deal, his response was that it was in the interest of the economy to
keep it secret, he had done it to protect the country’s banking system and that it
wasn’t really taxpayers money as it had all been created with a specific purpose
and it was a loan to boot.210
Aldworth, and a number of other commentators, have critiqued Stals’s
response:211
• This was no loan—but was clearly a gift by the Reserve Bank to a private
institution which benefited its shareholders. A large bank was given unfair
advantage by the state over its competitors.
• The Reserve Bank, in creating R225 million a year to finance this deal, diluted
the value of the Rand in the process.
• No tax was required to be paid for the loan/gift to Bankorp and ABSA—
meaning that the loss in tax revenue may have been as large as the loan/gift
itself.
The Bankorp affair was the subject of a number of investigations including the
Heath Special Investigations Unit in the late 1990s (the unit acted with a Presidential
mandate) and later a specialist panel headed by Cape High Court Judge Dennis
Davis.212
In February 2002 the Davis expert panel found that the Reserve Bank, under
Chris Stals, had exceeded its authority in the way it assisted Bankorp between
1985 and 1995.213 Although the Bank had not acted within the law, Davis is reported
as saying that:
…he was confident that the Reserve Bank had acted in good faith, and
there was no suggestion that former [bank] governor Chris Stals had
intentionally broken the law.214
The report also found that ABSA had paid a fair price to Sanlam in 1992 for
Bankorp and “unlike Sanlam was not a major beneficiary of the lifeboat extended
to Bankorp”.215
Following the release of these reports, financial journalist David Gleason argued:
This was the biggest fraud ever perpetrated on the South African taxpayer.
It was executed directly against the Reserve Bank’s own act; it contravenes
the Companies Act; and it constitutes fraud as defined in common
73
Apartheid grand corruption
74
Crime, capital and apartheid
75
Apartheid grand corruption
It was the Reserve Bank that drew much of the Harms Commission’s fire.
Some of the issues raised were that:231
• The Registrar of Banks wrestled with Vermaas’s bank activities, yet at the
same time the foreign exchange control section continued to issue him with
forex.
• Top officials had varying views on the control mechanisms around foreign
transactions. Johan Postmus believed it was a Customs and Excise
responsibility while the Deputy-Governor, Jan Lombard, argued that they
nothing to do with it.
• Harms noted the unsatisfactory manner with which the Bank handled
Vermaas’s dealings. He noted that extensive documentation was “either not
read, or…viewed in an uncritical light”.
Once again, the activities of the Reserve Bank leave unanswered many questions
about why senior officials acted in the manner that they did.
76
Crime, capital and apartheid
77
Apartheid grand corruption
78
Grand apartheid, grand corruption
A handful of the instances of corruption during this period (both alleged and
proven, as reported in the media) are listed below. This short overview should be
read as instructive of the types of corruption that took place—but it by no means
provides an accurate assessment of levels of corruption in the apartheid homelands:
• Lebowa: The South African government required police protection to secure
a computer in Lebowa that had been spewing out cheques valued at millions.
It is estimated that if such action had not been undertaken in 1993 it would
have costs the state R1 billion (ZAR2005=R2,4 billion).237
• KwaNdebele: The financial chaos in KwaNdebele was so bad by 1993 that
the Auditor-General, Henry Kluver, was unable to rely on the
administration’s accounting system and could not express an audit opinion
for the 1992–1993 financial year.238
• KwaNdebele: the Parsons Commission of Enquiry heard in 1991 that Deputy
Minister of Law and Order and Order Steve Mabona granted a R13 million
(ZAR2005=R41 million) tender to Springbok Patrols, despite far lower bids
being submitted. In addition, Mabona extended the contract by two years,
while the state was still funding officials to do the same work, implying an
effective duplication of functions and equivalent waste of state revenue.239
• KwaNdebele: The former KwaNdebele police commissioner, Hertzog Lerm,
who was later to become a Conservative Party councillor in Warmbaths
(Bela Bela), claimed that “alleged abuse(s) by police under his command were
part of a strategy sanctioned by Pretoria”.240
• Lebowa: Hundreds of tons of chemicals were dumped in Lebowa by a
company called Firechem Lebowa, which had donated R100,000
(ZAR2005=R275,000) to the ruling United Peoples Front shortly after it
was awarded a R15 million contract (ZAR2005=R41,3 million). The contract
was never put out to tender.241
• Ciskei: A 1992 report by the select committee on public accounts showed
that parasatals under the control of Ciskei’s Department of Agriculture had
‘lost’ almost R30 million (ZAR2005=R82 million) in just over two years.242
• KaNgwane: The government of Mpumalanga inherited a debt of over R118
million (ZAR2005=R260 million) from KaNgwane in 1994. The government
of Enos Mabuza had gone on a multimillion rand spending spree that was so
badly accounted for that the Auditor-General could not complete his reports
for the financial years 1992–1993 and 1993–1994.243
79
Apartheid grand corruption
role that external actors (primarily from South Africa) played in corruption and
bribery in the ‘homelands’. The next section addresses a few well-known examples.
80
Grand apartheid, grand corruption
• In February 1984 Young had already agreed that any investment by Sun
International that would have the effect of marketing apartheid abroad was
tax deductible.256
• In a secret agreement in 1987, Young agreed that 90% of the taxes collected
from entertainers working in Bophutatswana would flow back to Sun
81
Apartheid grand corruption
• The directors of SunBop are alleged to have set up a company called Sun
International Management (SIM) in 1985, which paid them a management
fee through the Bermuda-based tax-sheltered company. It is alleged that this
allowed the SunBop directors (Kerzner and his confidantes) to pay themselves
more than double the normal management fee through SIM. Greenblo is
quoted as saying that they were making these payments either with the
knowledge of the Reserve Bank or in contravention of the Exchange Control
regulations. Young estimates the excess paid into the Bermuda-based bank
account was R50 million per annum (ZAR2005=324 million; USD-
NYSE=R739 million).259
82
Grand apartheid, grand corruption
The meeting went well and by October Palozollo had been offered temporary
residence by Ciskei’s President Sebe, who was keen on Palozollo establishing a
bank in the impoverished homeland. Before the end of the year, Palozollo had
escaped from prison, crossed into Germany and was ready to settle in the Ciskei
(or at least in the Eastern Cape, as he moved between Bisho and East London with
ease—despite not having a visa for South Africa). De Pontes had allegedly offered
to help President Sebe to amend legislation to grant Palozollo citizenship within
two weeks of his entry into Ciskei.261 Palozollo nurtured his relationship with
Sebe, contributed to various Presidential charities (and the NP) and was soon appointed
plenipotentiary for the Ciskei (a position from which he resigned in 1990).262
In the meantime, de Pontes was charged with theft, forgery, and bribery—
some of which was related to his relationship with Palozollo. It was a major scandal
as de Pontes was a member of the NP caucus in Parliament at the time and had
introduced Pik Botha and others to Palozollo at his home. They had developed a
business interest that would, among other things, see toxic waste exported to the
Ciskei for a handsome profit.263 Palozollo chose to act as a state witness in the trial
in which de Pontes was found guilty.
Palozollo went on to establish himself in South Africa as businessman, owning
property around Cape Town and a game farm in Namibia. The Ciskei provided
his entry point into South Africa. In 1994 a Noseweek expose (Nose 9: A cute little
bankhaus in Bisho) revealed that one of the reasons that President Sebe had wanted
Palozollo (who was also a banker in Italy and Switzerland) in Ciskei was to help
establish the Bank of Bisho (later Eurobank). Palozollo had shares in the bank
together with Albert Vermaas (see the Crime and Capital section of this report).
The bank, which was alleged to have links to South African and Israeli intelligence,
would be a conduit for cleaning ‘hot’ money needed to finance the joint South
Africa/Israeli arms and nuclear programmes. However, as Vermaas’s financial
pyramid collapsed in the late 1980s, so too did the bank.
Ciskei served as foothold from which Palozollo, an internationally wanted
fugitive from justice, settled in South Africa. His almost effortless ability to move
between the old and new South Africa perhaps best describes the links between
corrupt activity in these two areas. The period before 1994 and after 1994 are
intrinsically linked and those who were alleged to have been involved during the
former period remained rooted in the latter.
Palozollo was the subject of the Presidential Investigative Task Unit’s focus in
the 1990s. This unit was, however, eventually disbanded, in large part due to
allegations that it had been compromised by corrupt dealings of its members which
may, or not, on turn have been linked to infighting within the South African
security establishment (which was undergoing a transformation from old to new
guard) at the time.
83
Apartheid grand corruption
84
The time for action: Policy recommendations
85
Apartheid grand corruption
• It stresses the need to see the link between the period between 1994 and
today, to see how our society was fundamentally corrupted in the past and
to highlight the need for South Africans to learn from these experiences in
order not to repeat them. No society is likely ever to be free of corruption—
however, the apartheid era provides a measure of how national integrity can
be completely corrupted. This alone should encourage us to tackle corruption
in a democratic South Africa with zeal.
• It asks difficult questions about how we deal with aspects of our past that
are characterised more by questions than answers. Do we investigate and
prosecute or just return the gaze on the past?
These are difficult questions that this research report cannot answer alone. A
response is required from the National Anti-Corruption Forum and government
to take these issues forward.
We are faced with two options in handling this matter. Both will have profound
consequences:
• If our interest in the subject of apartheid-era corruption is limited to learning
more about our history as a nation, then we will benefit, at the very least,
from the wisdom of hindsight. However, this could also represent a missed
opportunity, for as the past slips away so too do the perpetrators and witnesses
to such crimes. Evidence of these crimes will be further erased over time and
86
The time for action: Policy recommendations
87
Apartheid grand corruption
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96
Notes
Notes
1 Jaques Derrida in Spectres of Marx (1994) as quoted in Asmal, Kader et al (1997).
2 For more details on reported instances of corruption see: van Vuuren, 2005.
3 Transparency International, 2004.
4 See the work done by the Jewish Claims Commission and other in this regard when seeking
compensation from Swiss Banks and German industries in the late 1990s.
5 Transparency International, 2004. p. 13.
6 Ibid. p. 13.
7 Data as at May 2006. Consult the UNODC website for an updated list of countries who
have signed, ratified and acceded to the Convention: <http://www.unodc.org/unodc/
en/corruption.html>
8 de Klerk, FW, The Star, 1997.
9 See a detailed description thereof in Rawlison, 1997.
10 Rawlison, 1997, p. 28.
11 Ellis in Bayart, Elli, Hibou, 1999.
12 National Party, 1997.
13 Remarks by Frene Ginwala, Speaker of Parliament, to the Global Forum II, opening Session,
May 28 2001, The Hague, www.gca-cma.org. Accessed on 18 November 2003.
14 This was in part informed by the Draft Transparency International National Integrity
Study (van Vuuren, 2005).
15 Held at the ISS Cape Town office on 24 November 2005.
16 An example thereof is the Reverend Alan Boesak, who was convicted in the 1990s of
fraudulently using donor funds that were intended to benefit the victims of apartheid.
17 I am grateful to Antony Altbeker (ISS Senior Researcher) and Daniel Scher (ISS Research
Intern) for developing this formula and producing the conversion tables.
18 Capel, 1997.
19 Ibid.
20 Bell and Ntsebeza, 2001, p. 7.
21 This is based on the weight of standard photocopy: 125 pages is equal to one kilogramme.
22 Bell and Ntsebeza, op cit. p. 7.
23 Ibid.
24 Interview with Fredrick van Zyl Slabbert, 2 September 2005.
25 This section draws on a paper presented by the author in October 2004. van Vuuren,
Hennie.
26 Lodge, 2002.
27 See the records of the TRC, www.truth.org.za, accessed 25 September 2004.
27 Telephonic interview, September 2004.
28 Interview with Martin Welz, 1 November 2005.
29 Truth and Reconciliation Commission and Department of Justice, 1998.
30 Khoisan, 2001, p. 160.
31 Daily Dispatch, 28 July 1998.
32 Carter, 1998.
33 Ibid.
97
Apartheid grand corruption
98
Notes
77 Sterling, 1980.
78 Hoper, 21 December 1980.
79 Die Vaderland, 11 June 1974.
80 The Star, 17 November 1978
81 Zille, 1978.
82 Interview with Alister Sparks, 7 November, 2005.
83 Bothma, 1998.
84 Bothma, 1997.
85 Noseweek, July 1993.
86 Ibid.
87 Interview with Prof. Sampie Terreblanche, op cit.
88 Ibid.
89 Ibid.
90 Terreblanche, 2002, p 310.
91 Interview with van Zyl Slabbert, op cit.
92 Bunting, Brian, 1965.
93 Barron, Chris, 2000.
94 Welz, Martin. Noseweek 1. 1993.
95 Beeld, ‘Bewaringsoowehede gelooi...’, 1990.
96 Beeld, ‘Joe Berardo het…’, 1990.
97 Madeira-Island.com, 1998.
98 Hyslop, Jonathan, 2005.
99 O’Meara, 1996, p. 351.
100 Ibid.
101 Ibid.
102 Interview with Prof. Sampie Terreblanche, op cit.
103 Owen, 1992 in O’Meara, 1996, p. 352.
104 Hyslop, Jonathan, 2005.
105 Financial Mail, 6 October 1989.
106 Katzin, and Faure, 1985.
107 The Star, 8 September 1988.
108 Robertson, 1990.
109 Goldstuck and Stober, 1992.
110 Hartley, 1995
111 Financial Mail, 26 May 1989.
112 Turvey, 1989.
113 Krost, Peta, 1990
114 Makhudu Sefara, 2004
115 van Niekerk, 1993.
116 Mathews, 2003.
117 Rose, 2005.
118 Breier, 1993.
119 Owen, Ken. 1993
120 Terreblanche, 2002, p 310
99
Apartheid grand corruption
100
Notes
101
Apartheid grand corruption
209 Ibid.
210 Ibid, p. 34.
211 Gleason, David, 04 March 2002.
212 Whitfield, Chris, 26 February 2002.
213 Ibid.
214 Ibid.
215 Gleason, op cit.
216 Noseweek, 2001.
217 Ibid.
218 Rose, Rob, 15 August 2005.
219 Noseweek, op cit.
220 Ibid.
221 Ibid.
222 Ibid.
223 Ibid.
224 Ibid.
225 The Star, 1996.
226 Citizen, 1993
227 Woods, Mandy Jean, 1989
228 Ibid.
229 Katzin, Kitt, “Albert Vermaas…”, 1989.
230 Financial Mail, 1989.
231 Noseweek, May1999.
232 Ibid.
233 Ibid.
234 Ibid.
235 Seiler, 1995.
236 Botha, Eddie, 1993.
237 Botha, Eddie, 1993.
238 Haffajee, Ferial, 1991.
239 Financial Mail, 1992.
240 Pauw, 1993.
241 Argus, 1992.
242 Arenstein, 1996.
243 Business Times,1989.
244 Doonan, Craig, 1997.
245 Rantao, Jovial, 1997.
246 Ibid.
247 Citizen, 1997
248 Ibid.
249 Barber, Simon, 1996.
250 Barnett, Antony, 2003.
251 Rickard, Carmel, 1997
252 Noseweek, March 1998
102
Notes
253 Ibid.
254 Ibid.
255 Ibid.
256 Ibid.
257 Ibid.
258 Ibid.
259 Noseweek, September 1994.
260 The Star, 1988
261 The Star, 08 March 1990.
262 Ibid.
103
“Civil society will prepare a research report on crimes of corruption under apartheid
and present these to the National Anti-Corruption Forum (NACF) for consideration
within six months.”