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South African Arms Deal

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198-574: The Strategic Defence Package , popularly known as the Arms Deal , was a major defence procurement programme undertaken to re-equip the South African armed forces for the post- apartheid era. It is commonly associated with the large-scale corruption that is alleged to have taken place during and after the procurement process. Some critics have said that the Arms Deal was a defining moment or turning point for

396-657: A United Nations arms embargo, applied on exports to South Africa had meant that the apartheid government relied heavily on the domestic arms industry, primarily through the state-owned Armscor . However, with the end of the Cold War and of various regional conflicts, the defence budget fell substantially after 1989, forcing reductions to capital expenditure on defence. After 1994, major defence acquisitions were treated not as merely technical decisions but as political and economic decisions, subject to Cabinet and parliamentary approval as well as to approval by three separate bodies within

594-523: A 1969 law abolished those seats and stripped Coloureds of their right to vote. Since Indians had never been allowed to vote, this resulted in whites being the sole enfranchised group. Separate representatives for coloured voters were first elected in the general election of 1958 . Even this limited representation did not last, being ended from 1970 by the Separate Representation of Voters Amendment Act, 1968 . Instead, all coloured adults were given

792-458: A BAE employee had signed the contracts and had apparently approved inaccurate financial statements concealing them. However, according to the Daily Maverick , it later emerged that Saab had also contracted directly with Hlongwane. Between October 2003 and October 2004, Saab allegedly paid Hlongwane Consulting €18,000 per month for advice on political, economic, and security policy. In July 1999,

990-574: A Communist. Since the law specifically stated that Communism aimed to disrupt racial harmony, it was frequently used to gag opposition to apartheid. Disorderly gatherings were banned, as were certain organisations that were deemed threatening to the government. It also empowered the Ministry of Justice to impose banning orders . After the Defiance Campaign , the government used the act for the mass arrests and banning of leaders of dissent groups such as

1188-627: A century. The National Party's election platform stressed that apartheid would preserve a market for white employment in which non-whites could not compete. On the issues of black urbanisation, the regulation of non-white labour, influx control, social security, farm tariffs and non-white taxation, the United Party's policy remained contradictory and confused. Its traditional bases of support not only took mutually exclusive positions, but found themselves increasingly at odds with each other. Smuts' reluctance to consider South African foreign policy against

1386-541: A commitment to enhance the ability of SANDF to mount offensive operations using conventional forces if required. Thus, of the four options devised, Parliament and the Cabinet approved the approach which would reduce SANDF's manpower but increase its capital intensity, entailing a major programme of defence procurement to update SANDF's ageing equipment. The Defence Review was approved with the caveat that all procurement would require separate parliamentary approval, but that condition

1584-414: A company in which EADS had a 33% stake ultimately won the contract to supply radar technology for the corvettes. Even before the charges against Yengeni were laid, EADS admitted that, through price discounts and other "assistance," it had delivered luxury cars to about thirty government officials while bidding for the Arms Deal contracts: it also supplied cars to Yengeni's wife, Lumka , and to Mandla Msomi ,

1782-703: A comprehensive investigation of the package should be undertaken by four investigating bodies: the Auditor-General, the Public Protector , the Scorpions unit under the National Director of Public Prosecutions , and the Special Investigating Unit. The full Parliament endorsed the recommendation and three of the bodies were appointed, though, controversially, President Thabo Mbeki declined to appoint

1980-577: A compromise solution, a Revolutionary Council with open and non-racial membership was established as a nominal sub-committee of the NEC. In the long run the Morogoro Conference probably strengthened the ANC in exile. Chris Hani himself said that ‘ after Morogoro we never looked back ’. He said that the ‘ Strategy and Tactics' document that emerged from the conference became 'the lodestar of the movement' and that, with

2178-492: A conclusion on those people whose race was unclear. This caused difficulty, especially for Coloured people , separating their families when members were allocated different races. The second pillar of grand apartheid was the Group Areas Act of 1950. Until then, most settlements had people of different races living side by side. This Act put an end to diverse areas and determined where one lived according to race. Each race

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2376-537: A conflict of interest on Nyanda's part. The Daily Maverick argued that the conflict of interest was particularly pertinent because the BAE Hawks and Gripens were purchased by the government in three tranches, and Hlongwane's commission agreement granted him a substantial bonus if the third tranche was approved in 2004 – a decision over which the Daily Maverick claimed Nyanda "would have had direct and material influence." In 2011, City Press reported that SANIP had made

2574-552: A cover" for the payments. Similarly, Kayswell Services, which was 60% owned by Bredenkamp, entered into consultancy agreements with BAE as early as 1994. Kayswell was ultimately paid about R400 million, but BAE was allegedly unable to prove that Kayswell had actually completed any work for it. A former regional managing director of BAE admitted to the SFO that Bredenkamp had been paid for his political connections, including his access to Chief of Acquisitions Chippy Shaik . Another beneficiary of

2772-423: A criminal and sensitive nature," but noted that the investigators had heard some allegations of corruption and conflict of interest which "appeared to have substance and are currently being pursued." These investigations presumably led to the only two convictions ever secured in relation to the Arms Deal, those of Yengeni (convicted in 2003) and Schabir Shaik (convicted in 2005), both of whom were being investigated by

2970-520: A different and independent legislative path from the rest of the British Empire. The United Kingdom's Slavery Abolition Act 1833 abolished slavery throughout the British Empire and overrode the Cape Articles of Capitulation. To comply with the act, the South African legislation was expanded to include Ordinance 1 in 1835, which effectively changed the status of slaves to indentured labourers . This

3168-522: A front company owned by associates of Modise in order to win the tender. The Guardian said that there was evidence that Modise had intervened to prevent Aermacchi from being selected, and the 2001 joint investigation found that Modise had instructed that cost should not be the only criterion considered when choosing a supplier for the lift aircraft, which ultimately went to BAE at a much higher price than that offered by Aermacchi. Pierre Steyn has since said that he resigned as Secretary of Defence in 1998 over

3366-563: A full-time basis. On 11 July 1963, 19 ANC and MK leaders, including Arthur Goldreich and Walter Sisulu , were arrested at Liliesleaf Farm , Rivonia. Modise and other key leaders such as Oliver Tambo , Moses Kotane were not at the farm at the time of the arrests. The Rivonia trail, resulted in MK high command members Nelson Mandela, Govan Mbeki, Walter Sisulu, Dennis Goldberg, Ahmed Kathrada, Raymond Mhlaba, Andrew Mlangeni and Elias Motsoaledi's being sentenced to life imprisonment. The charge sheet at

3564-520: A hiatus in 1982 after Modise and Cassius Make were captured and jailed in Botswana after they were caught with an assortment of arms. In the process, MK's plans were seized and therefore an order was given to suspend any planned actions. In 1983, the Revolutionary Council was disbanded as the ANC's main operational organ and was replaced by a Politico-Military Council (PMC). The PMC, like the old RC,

3762-637: A leader in calls for an independent inquiry into the Arms Deal, which she said should be chaired former judge Willem Heath of the Special Investigating Unit . She also laid criminal charges against South Africans who had allegedly received discounted vehicles from Daimler-Benz Aerospace ( see below ). In 2012, she handed the original dossier over to the Seriti Commission, with the caveat that she would not reveal her sources. Another Arms Deal activist, Terry Crawford-Browne, later alleged that

3960-461: A lesser extent, to those of Indian and Coloured people. Further laws had the aim of suppressing resistance, especially armed resistance, to apartheid. The Suppression of Communism Act of 1950 banned the Communist Party of South Africa and any party subscribing to Communism . The act defined Communism and its aims so sweepingly that anyone who opposed government policy risked being labelled as

4158-531: A loan of R750 000 to Professor Viktor Verijenko of the University of KwaZulu-Natal , who had been Shaik's PhD supervisor. Shaik was stripped of his PhD in 2008 when the university discovered that he had plagiarised other academics, including Verijenko. Verijenko received the loan, through his company Veriytech, on extremely favourable terms – it was unsecured, rand-denominated, interest-free, and without fixed repayment terms – and, according to SANIP financial records, it

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4356-621: A lobbyist and who had links to politicians including Mbeki and Bulelani Ngcuka . Blohm + Voss , another of the three companies in the consortium, was implicated through the possible involvement of one of its former managers. However, the German investigation was dropped without any charges being laid, reportedly after a tax settlement was reached. In November 2007, Patricia de Lille alleged in Parliament that in January 1999 Thyssen had paid R500,000 each to

4554-627: A majority "no" vote in Natal . Later, some of them recognised the perceived need for white unity, convinced by the growing trend of decolonisation elsewhere in Africa, which concerned them. British Prime Minister Harold Macmillan's " Wind of Change " speech left the British faction feeling that the United Kingdom had abandoned them. The more conservative English speakers supported Verwoerd; others were troubled by

4752-601: A memo written by a Thyssen executive in August 1998. The memo records Shaik telling Thyssen representatives that the German Frigate Consortium's bid Apartheid Apartheid ( / ə ˈ p ɑːr t ( h ) aɪ t / ə- PART -(h)yte , especially South African English :  / ə ˈ p ɑːr t ( h ) eɪ t / ə- PART -(h)ayt , Afrikaans : [aˈpart(ɦ)ɛit] ; transl.  "separateness" , lit.   ' aparthood ' )

4950-520: A pass from their master or a local official. Ordinance No. 49 of 1828 decreed that prospective Black immigrants were to be granted passes for the sole purpose of seeking work. These passes were to be issued for Coloureds and Khoikhoi but not for other Africans, who were still forced to carry passes. During the French Revolutionary and Napoleonic Wars , the British Empire captured and annexed

5148-730: A permit. The Prohibition of Mixed Marriages Act of 1949 prohibited marriage between persons of different races, and the Immorality Act of 1950 made sexual relations between whites and other races a criminal offence . Under the Reservation of Separate Amenities Act of 1953, municipal grounds could be reserved for a particular race, creating, among other things, separate beaches, buses, hospitals, schools and universities. Signboards such as "whites only" applied to public areas, even including park benches. Black South Africans were provided with services greatly inferior to those of whites, and, to

5346-661: A presidential pardon after serving only four months. Some viewed Yengeni as a scapegoat. British company BAE Systems received the largest contracts in the Arms Deal, having been contracted to supply Hawk aircraft and with Saab to jointly supply Gripen aircraft. From January 2007, South African authorities provided assistance to Britain's Serious Fraud Office (SFO), which since 2005 had been investigating BAE's involvement in corruption worldwide. The SFO found that BAE had paid £115 million (or R1.2 billion) in commissions to several advisors (through at least eight different entities, primarily with offshore bank accounts) to help secure

5544-402: A set of recommendations to Cabinet. On 18 November 1998, the Cabinet approved the department's recommendations of preferred suppliers for the armaments packages, at an estimated cost of roughly R29.77 billion. This was not a final decision to procure at the estimated cost, but a decision to proceed with negotiations with those suppliers. On 15 September 1999, the Cabinet approved the acquisition of

5742-535: A single nation, but was made up of four distinct racial groups: white, black, Coloured and Indian. Such groups were split into 13 nations or racial federations. White people encompassed the English and Afrikaans language groups; the black populace was divided into ten such groups. The state passed laws that paved the way for "grand apartheid", which was centred on separating races on a large scale, by compelling people to live in separate places defined by race. This strategy

5940-457: A situation seems extremely undesirable as it creates negative public perception." Modise died before the investigation could be completed, in the same month that the report of the joint investigation was released, and it was not pursued further. In 2010, amaBhungane reported that Siphiwe Nyanda , the SANDF Chief between 1998 and mid-2005, had received a R4.36-million loan from Ngwane Aerospace,

6138-567: A special review of the procurement process, outside the regular auditing process. Then, in 1999, the Chief Whip of the Pan Africanist Congress , Patricia De Lille, addressed Parliament with allegations of corruption during the Arms Deal. The document from which she read became infamous as the "De Lille dossier," and contained allegations against Tony Yengeni , Schabir Shaik , Thabo Mbeki , and Jacob Zuma , amongst others. De Lille became

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6336-612: A two-thirds majority in a joint sitting of both Houses of Parliament was needed to change the entrenched clauses of the Constitution . The government then introduced the High Court of Parliament Bill (1952), which gave Parliament the power to overrule decisions of the court. The Cape Supreme Court and the Appeal Court declared this invalid too. In 1955 the Strijdom government increased

6534-555: A veneer of intellectual respectability to the controversial policy of so-called baasskap . In total, 20 homelands were allocated to ethnic groups, ten in South Africa proper and ten in South West Africa. Of these 20 homelands, 19 were classified as black, while one, Basterland , was set aside for a sub-group of Coloureds known as Basters , who are closely related to Afrikaners. Four of the homelands were declared independent by

6732-422: Is an engineering conglomerate which led the German Frigate Consortium, the winner of the contract, valued at R6.9 billion, to supply four corvettes. Between 2006 and 2008, Thyssen was under investigation by German prosecuting authorities for possible corruption related to the Arms Deal. In 2007, Der Spiegel reported that there was evidence suggesting that Thyssen had paid bribes to South Africans while bidding for

6930-578: The Landdrost and Heemraden , local officials, of Swellendam and Graaff-Reinet extended pass laws beyond slaves and ordained that all Khoikhoi (designated as Hottentots ) moving about the country for any purpose should carry passes. This was confirmed by the British Colonial government in 1809 by the Hottentot Proclamation , which decreed that if a Khoikhoi were to move they would need

7128-570: The Mail & Guardian reported that it had seen confidential documents showing that R500,000 payments had indeed been made in 1999 to the ANC, to the Nelson Mandela Children's Fund, and to the Foundation for Community Development, not directly from Thyssen but rather from Georgiadis. According to the documents, the payments were charitable donations by Georgiadis and were not intended to influence

7326-526: The African National Congress (ANC) government, less than five years into its tenure. Following decades of sanctions and a major review of its functions and strategy, the Department of Defence sought to modernise its defence equipment and prepare to participate in a broader range of peace-keeping, defensive, and possibly offensive operations outside South Africa's borders. In 1998, Parliament and

7524-709: The African National Congress (ANC), the South African Indian Congress (SAIC), and the South African Congress of Trade Unions (SACTU). After the release of the Freedom Charter, 156 leaders of these groups were charged in the 1956 Treason Trial . It established censorship of film, literature, and the media under the Customs and Excise Act 1955 and the Official Secrets Act 1956. The same year,

7722-595: The African National Congress , and the Council of Non-European Trade Unions began demanding political rights, land reform, and the right to unionise. Whites reacted negatively to the changes, allowing the Herenigde Nasionale Party (or simply the National Party) to convince a large segment of the voting bloc that the impotence of the United Party in curtailing the evolving position of nonwhites indicated that

7920-693: The Asiatic Registration Act of the Transvaal Colony required all Indians to register and carry passes. Beginning in 1906 the South African Native Affairs Commission under Godfrey Lagden began implementing a more openly segregationist policy towards non-Whites. The latter was repealed by the British government but re-enacted in 1908. In 1910, the Union of South Africa was created as a self-governing dominion , which continued

8118-651: The Cape Colony , which previously had a liberal and multi-racial constitution and a system of Cape Qualified Franchise open to men of all races, the Franchise and Ballot Act of 1892 raised the property franchise qualification and added an educational element, disenfranchising a disproportionate number of the Cape's non-White voters, and the Glen Grey Act of 1894 instigated by the government of Prime Minister Cecil Rhodes limited

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8316-517: The Department of Defence . The first post-apartheid Minister of Defence, Joe Modise , requested parliamentary approval for the acquisition of Spanish corvettes as early as 1994, but this was refused pending a threat assessment and strategic review of the country's broad military arrangements. Accordingly, the Ministry of Defence initiated a consultative process to establish the future outlook of SANDF. This process of public participation – also subject to

8514-744: The Dutch East India Company 's establishment of a trading post in the Cape of Good Hope in 1652, which eventually expanded into the Dutch Cape Colony . The company began the Khoikhoi–Dutch Wars in which it displaced the local Khoikhoi people , replaced them with farms worked by White settlers , and imported Black slaves from across the Dutch Empire . In the days of slavery , slaves required passes to travel away from their masters. In 1797,

8712-562: The Rivonia Trial during which other MK high command members such as Nelson Mandela, Govan Mbeki, Walter Sisulu, Dennis Goldberg, Ahmed Kathrada, Raymond Mhlaba, Andrew Mlangeni and Elias Motsoaledi's were sentenced to life imprisonment. By 1990, Modise and other representatives of the African National Congress met with the white government. When Mandela was elected president in 1994, he chose Modise as his Defense Minister. Modise

8910-520: The cabinet of President Nelson Mandela , both dominated by the ANC, approved a Defence Review Report which entailed large scale procurement of defence equipment. In December 1999, the government signed contracts with European countries for the procurement of corvettes , submarines, trainer aircraft , fighter aircraft , and helicopters worth about R30 billion, primarily for the use of the South African Navy and South African Air Force . Because of

9108-468: The 'Architect of Apartheid'. In addition, "petty apartheid" laws were passed. The principal apartheid laws were as follows. The first grand apartheid law was the Population Registration Act of 1950, which formalised racial classification and introduced an identity card for all persons over the age of 18, specifying their racial group. Official teams or boards were established to come to

9306-586: The 1980s. Further talk included the Russians and discussions were held regarding the shape of the expected political settlement in South Africa. The ANC delegation, led by Oliver Tambo, included Modise, Joe Slovo, Alfred Nzo, and Thabo Mbeki. The Cubans were represented by Jorge Risquet, and the Soviets by Anatoly Dobrynin, who had become the replacement for Boris Ponomarey. In May 1990 under Modise's orders, Chris Hani, then Chief of Staff of MK (and Joe Modise's deputy), asked

9504-747: The 20th century. It was the target of frequent condemnation in the United Nations and brought about extensive international sanctions , including arms embargoes and economic sanctions on South Africa. During the 1970s and 1980s, internal resistance to apartheid became increasingly militant, prompting brutal crackdowns by the National Party ruling government and protracted sectarian violence that left thousands dead or in detention. The Truth and Reconciliation Commission found that there were 21,000 deaths from political violence, with 7,000 deaths between 1948 and 1989, and 14,000 deaths and 22,000 injuries in

9702-533: The ANC (through a Swiss bank account), to the Nelson Mandela Children's Fund , and to the Foundation for Community Development, a Mozambican charity linked to Graça Machel . The allegations were based on photocopies of three such cheques discovered in a German raid at the house of a Thyssen executive. They were denied by the Fund and by Terror Lekota , who had succeeded Modise as Defence Minister in 1999. In 2008,

9900-413: The ANC and SACP also underwent aspects of military training, including Moses Kotane, Duma Nokwe, Joe Slovo and Ambrose Makiwane. Following his training, MK's executive determined that Modise should undergo further military training in order to lead its military personnel. He was also charged with the additional responsibility of the procurement of arms. Modise's training took him to the former Soviet Union,

10098-415: The ANC had not taken that step. It also facilitated the political integration of MK into the ANC and brought MK back under the ANC's control – the apparent independence of MK and the lack of political control over it had been one of the main complaints of Hani and his fellow signatories. The conference did not, however, go so far as to allow non-African membership of the ANC's national executive committee. As

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10296-702: The ANC parliamentary caucus. Gavin Woods resigned as SCOPA Chairperson the following year, due to what he said was interference in SCOPA's work by ANC politicians. The joint report of the investigation was submitted to Parliament in November 2001, and its overall conclusion was largely exculpatory: Whilst there may have been individuals and institutions who used or attempted to use their positions improperly... to obtain undue benefits in relation to these packages, up until now no evidence has emerged, to suggest that these activities affected

10494-526: The ANC stated that Zondo's act, though "understandable" as a response to a recent South African Defence Force raid in Lesotho, was not in line with ANC policy. Zondo was subsequently executed. In the 1986 Durban beach-front bombing , a bomb was detonated in a bar, killing three civilians and injuring 69. Robert McBride received the death penalty for this bombing which became known as the "Magoo's Bar bombing". The subsequent Truth and Reconciliation Committee called

10692-415: The ANC's Kabwe conference, General Siphiwe Nyanda went to Moscow with a group including Charles Nqakula and Nosiviwe Mapisa Nqakula to study military combat work. By 1986 there was an intake of 60 South Africans every year. By the latter half of the decade, Modise was asking the Soviets to train MK cadres for taking up positions in a regular army – by now negotiations were envisaged and a political settlement

10890-468: The ANC. There was also a decision to have new, reduced NEC and Duma Nokwe lost his position as secretary-general to Alfred Nzo and was also removed from the NEC. Modise received a massive vote of confidence and retained his post and title as Head of MK, although OR Tambo as ANC president then took on the title of Commander in Chief. The military headquarters was dissolved, and Modise was elevated to membership of

11088-635: The ANCYL in about 1947 in Newclare and became one of the organisation's organisers. When the Strijdom government declared Sophiatown a White area the residents who were threatened by the demolition of their homes and political organisations, such as the African National Congress (ANC), organised themselves in the Western Areas Protest Committee. Modise was very involved in the one-day work stoppage in 1955. His political activities as an organiser against

11286-404: The Afrikaners. He claimed that the only difference was between those in favour of apartheid and those against it. The ethnic division would no longer be between Afrikaans and English speakers, but between blacks and whites. Most Afrikaners supported the notion of unanimity of white people to ensure their safety. White voters of British descent were divided. Many had opposed a republic, leading to

11484-431: The Arms Deal contracts. The SFO viewed the "commissions" as suspected bribes, although BAE denied that it paid bribes. The SFO's evidence was used by South African authorities to intensify their own investigations, and, in November 2008, not long before the unit was dissolved, the Scorpions raided properties belonging to BAE South Africa and to multiple BAE consultants. Businessmen Fana Hlongwane and John Bredenkamp were

11682-510: The Arms Deal in any way. Der Spiegel alleged that internal memos appeared to show that Chippy Shaik had requested and received a $ 3-million payment from Thyssen as a fee for the success of its bid. The payment was allegedly made in 2000 to a front company in London. As Chief of Acquisitions at the Department of Defence, Shaik had managed the Special Defence Account from which the package was funded, controlled all policy and planning on defence acquisition matters, and chaired or served on several of

11880-428: The Arms Deal procurement committees. A few months after the Der Spiegel revelations, the National Prosecuting Authority (NPA) announced that it would not pursue charges against Shaik. By then, he had emigrated, saying that South Africa had been ungrateful for his "back-breaking work" and that the allegations were a part of an "ongoing campaign" against him and his family. In 2010, the Sunday Times released parts of

12078-463: The Arms Deal subcontractors, Thales . After the end of apartheid in 1994, the South African National Defence Force (SANDF) replaced the apartheid-era South African Defence Force (SADF). Much of the country's defence equipment would reportedly face block obsolescence before the end of the decade, and, in previous years, the South African Navy had reportedly already lost a significant portion of its conventional capacities. Sanctions, and eventually

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12276-408: The BAE bids. Based on encrypted faxes and information from former BAE employees, it claimed that BAE had supported Sigcau's daughter while she was living in London, including with accommodation, furnishings, and help with professional networking. In a 1998 fax leaked to the Times , the former regional head of BAE wrote: [T]he fact we have got Hawk on to the final list is very much due to our friends in

12474-438: The BAE contracts, in ways more direct than his relationship with Hlongwane. In 2003, the Guardian published allegations by an ANC politician who claimed that Defence Minister Modise was bribed £500,000, and that money was also paid to the ANC for its 1999 election campaign. BAE denied that it had paid bribes. It was also alleged that Aermacchi , an Italian bidder for the aircraft contracts, had been told that it had to subcontract

12672-434: The British Empire cited racial exploitation of Blacks as a cause for its war against the Boer republics . However, the peace negotiations for the Treaty of Vereeniging demanded "the just predominance of the white race" in South Africa as a precondition for the Boer republics unifying with the British Empire. In 1905 the General Pass Regulations Act denied Black people the vote and limited them to fixed areas, and in 1906

12870-418: The Cape Province. The previous government had introduced the Separate Representation of Voters Bill into Parliament in 1951, turning it to be an Act on 18 June 1951; however, four voters, G Harris, W D Franklin, W D Collins and Edgar Deane, challenged its validity in court with support from the United Party. The Cape Supreme Court upheld the act, but reversed by the Appeal Court, finding the act invalid because

13068-449: The Constitution and the new democratic order. We proudly remember this son of South Africa who so splendidly gave his life to the attainment of freedom and the building of a democratic South Africa. We wish his family well, trusting that they will always take courage from his memory. And may his example continue to inspire future generations to build in the way he did." Joe Modise Section in Mamafubedu ,Petrus Steyn, Free State

13266-421: The Cubans to help train officers for the post-apartheid army. In an exclusive interview with "The Herald", on Wednesday, 14 March 1990, the ANC military commander, Modise, stated that the organisation could consider the suspension of the armed struggle but not the laying down of arms, to facilitate negotiations. Upon the release of Nelson Mandela, and the subsequent unbanning of the liberation movements, Modise

13464-425: The Dutch Cape Colony. Under the 1806 Cape Articles of Capitulation the new British colonial rulers were required to respect previous legislation enacted under Roman-Dutch law , and this led to a separation of the law in South Africa from English Common Law and a high degree of legislative autonomy. The governors and assemblies that governed the legal process in the various colonies of South Africa were launched on

13662-399: The JCC hearings, Seriti and Musi submitted a court application to halt the process, challenging the constitutionality of the provision of the JSC Act which allows misconduct proceedings against retired judges, such as themselves. In November 2021, more than two years after the initial judgement, they applied to appeal the High Court's decision to overturn the commission's findings, saying that

13860-414: The MK guerillas by local residents. Other ZIPRA cadres who were involved included John Dube and Moffat Hadebe (ZIPRA commanders) as well as Phelekezela Mphoko (former vice-president of Zimbabwe ). In 1969 Chris Hani authored the 'Hani Memorandum' which was strongly critical of the direction of the armed struggle. At the Morogoro Conference later that year, the ANC formed the Revolutionary Council which

14058-450: The Ministry of Native Affairs and defunded most mission schools . The Promotion of Black Self-Government Act of 1959 entrenched the NP policy of nominally independent "homelands" for blacks. So-called "self–governing Bantu units" were proposed, which would have devolved administrative powers, with the promise later of autonomy and self-government. It also abolished the seats of white representatives of black South Africans and removed from

14256-505: The Native Administration Act 1956 allowed the government to banish blacks. The Bantu Authorities Act of 1951 created separate government structures for blacks and whites and was the first piece of legislation to support the government's plan of separate development in the bantustans . The Bantu Education Act, 1953 established a separate education system for blacks emphasizing African culture and vocational training under

14454-473: The Ngwane Aerospace loan with his salary from Ngwane Defence Group, which was founded in 2006 and was also part-owned by Hlongwane. Nyanda had been appointed chief executive officer at Ngwane Defence after his retirement from SANDF, and he asked the company to transfer his salary directly to Ngwane Aerospace for repayment of the bond. It has been suggested that the loan arrangement exhibited "bad judgement" or

14652-908: The Portuguese colonialists in which MK troops participated. On 11 November 1975 the People's Republic of Angola was born and within months, after the defeat of the invading South African army by the Angolan people's armed forces, MK was invited to train its cadres on Angolan soil. Between 1975 and 1976, early MK commanders who were active in the early 1961-64 sabotage campaign were released from Robben Island . Among them are Joe Gqabi, Indres Naidoo, Ismael Ebrahim and Andrew Masondo who re-assimilated into MK under Modise's leadership. Between 1976 and 1978, MK under Modise dramatically increased in operations inside South Africa, including sabotage of railway lines, attacks on police stations and so on. MK operations temporary went through

14850-487: The R29.992 billion figure should not be taken as representative of the actual cost of the contracts over the term of their payment. The actual cost has been estimated at R90 billion by 2008, and at R142.864 billion by the time the package was paid off in 2020 (in 2020 prices). The government has not disclosed the total amount that it spent on the package. In July 2016, News24 reported on invoices it claimed had been sent to Armscor by

15048-468: The Sanip agreements were receiving public attention, Saab chief executive officer Håkan Buskhe announced that Saab had investigated and had found that Sanip had paid about R24 million to Hlognwane, after the same amount was transferred to Sanip by BAE. Yet he distanced Saab from the payments, saying that the transactions were never entered into the Sanip accounts and had occurred without Saab's knowledge. Instead,

15246-543: The Scorpions at the time of the report's publication. There were occasional renewed calls for investigations after further revelations or allegations were revealed in the press in subsequent years. In October 2011, President Jacob Zuma , Mbeki's successor, appointed a judicial commission of inquiry to investigate the Arms Deal, chaired by Willie Seriti and also including Willem van der Merwe and Francis Legodi . Van der Merwe resigned shortly afterwards for personal reasons and

15444-524: The Sophiatown removals led to his first arrest in 1954. He was also actively involved in the political campaigns against the introduction of Bantu Education in 1953. Modise was one of the 156 people whom the South African state identified as leading figures in the Freedom Charter movement. They were charged with treason. The government claimed that they were working systematically towards the overthrow of

15642-674: The South African Defence Force (SADF) and those of the liberation armies. Apart from this task Modise served on the defence sub-council of the Transitional Executive Council from December 1993 to April 1994. After the first democratic elections in April 1994 President Nelson Mandela appointed him as South Africa's Minister of Defence where together with his comrades General Siphiwe Nyanda (Defence Chief from 1998) and Ronnie Kasrils (deputy minister of defence) gallantly led

15840-664: The South African National Civics Organisation (SANCO) and the influential National Union of Metalworkers of South Africa (Numsa) – then the largest affiliate of the Congress of South African Trade Unions – jointly announced their support for Saab's bid for the fighter aircraft contract. The announcement referred to "reciprocal agreements" by which Saab and two Swedish trade unions, including IF Metall , would support Numsa in establishing an industrial training school. The De Lille dossier alleged that this initiative

16038-518: The South African government, which failed to accommodate the influx with parallel expansion in housing or social services. Overcrowding, increasing crime rates, and disillusionment resulted; urban blacks came to support a new generation of leaders influenced by the principles of self-determination and popular freedoms enshrined in such statements as the Atlantic Charter . Black political organisations and leaders such as Alfred Xuma , James Mpanza ,

16236-691: The South African government: Transkei in 1976, Bophuthatswana in 1977, Venda in 1979, and Ciskei in 1981 (known as the TBVC states). Once a homeland was granted its nominal independence, its designated citizens had their South African citizenship revoked and replaced with citizenship in their homeland. These people were then issued passports instead of passbooks. Citizens of the nominally autonomous homelands also had their South African citizenship circumscribed, meaning they were no longer legally considered South African. The South African government attempted to draw an equivalence between their view of black citizens of

16434-511: The South African state. Modise was amongst the 73 trialists against whom charges were dropped. By 1960 many of the acts of resistance were directed against the implementation of the Pass Laws. On 21 March 1960 the Pan Africanist Congress of Azania (PAC) organised an anti-pass campaign. The ANC and the PAC were banned in the wake of the brutal crushing of the campaign by the South African police. Modise

16632-413: The Special Investigating Unit, whose scope was determined by presidential proclamation. The three bodies conducted a joint investigation, coordinated by the Auditor-General. There were concerns that the ANC was intentionally trying to "dampen" the investigation. In August 2001, Andrew Feinstein , an ANC member of SCOPA, resigned in protest against the handling of the investigation by the government and by

16830-509: The TBVC states) were intended to be fully sovereign. In reality, they had no significant economic infrastructure and with few exceptions encompassed swaths of disconnected territory. This meant all the Bantustans were little more than puppet states controlled by South Africa. Joe Modise Johannes " Joe " Modise (23 May 1929 – 26 November 2001) was a South African political figure. He helped to found uMkhonto we Sizwe ,

17028-547: The USSR in August 1965 with the aim of expanding these programmes. Modise was appointed Commander in Chief of Umkhonto we Sizwe (MK) in 1965. In the same year, he was also appointed to the National Executive Committee of the ANC, an explicitly political office. Between 1965 and 1990, he led every tactical and strategic action by the MK including the acts of sabotage, bombings and landmine campaigns. Between 1965 and 1996

17226-722: The Urban Areas Act (1923) introduced residential segregation and provided cheap labour for industry led by White people; the Colour Bar Act (1926) prevented Black mine workers from practising skilled trades; the Native Administration Act (1927) made the British Crown rather than paramount chiefs the supreme head over all African affairs; the Native Land and Trust Act (1936) complemented the 1913 Native Land Act and, in

17424-767: The Wankie Sipolilo Campaign. The "Luthuli Detachment" comprising ANC and ZAPU guerrillas crossed the Zambezi river into the then Rhodesia and engaged joint Smith-Vorster troops during the infamous battles. Under Modise's command, the troops who included Chris Hani (Commissar), Mavuso Msimang (MK Co-Chief of Communications), Lennox Lagu, Peter Mfene, Douglas Wana, Mbijana, the late Victor Dlamini, Castro, Mashigo (the ANC Chief Representative to Lusaka), Paul Sithole, Desmond, Wilson Msweli, Shooter Makasi, Eric Nduna, Basil February, James April fought raging battles with

17622-515: The acquisition of four modern German submarines appear ill-judged. Similarly, the southern African airspace was generally entirely peaceful, and the Air Force already possessed highly capable Cheetahs . The BAE Hawk trainer aircraft also cost twice as much as the Italian alternative, which was preferred by the Air Force itself. Although the Seriti Commission found otherwise, it has also been claimed that

17820-586: The affluent and capitalist, the party also failed to appeal to its working class constituents. Populist rhetoric allowed the National Party to sweep eight constituencies in the mining and industrial centres of the Witwatersrand and five more in Pretoria . Barring the predominantly English-speaking landowner electorate of the Natal , the United Party was defeated in almost every rural district. Its urban losses in

18018-457: The aim of implementing the apartheid philosophy and silencing liberal opposition. When the National Party came to power in 1948, there were factional differences in the party about the implementation of systemic racial segregation. The " baasskap " (white domination or supremacist) faction, which was the dominant faction in the NP, and state institutions, favoured systematic segregation, but also favoured

18216-652: The amount of land Africans could hold. Similarly, in Natal , the Natal Legislative Assembly Bill of 1894 deprived Indians of the right to vote. In 1896 the South African Republic brought in two pass laws requiring Africans to carry a badge. Only those employed by a master were permitted to remain on the Rand , and those entering a "labour district" needed a special pass. During the Second Boer War ,

18414-430: The apartheid regime and became the first Minister of Defence of democratic South Africa. He presided over one of the most important facets of transformation in our country, the integration of the various statutory and non-statutory armed forces into one single South African National Defence Force. He led a process that laid the solid foundations for stability in the new South Africa – a disciplined defence force, loyal to

18612-417: The approval of Parliament and Cabinet – culminated in a White Paper on Defence in 1996, a Defence Review Report in 1998, and a White Paper on Defence-Related Industries in 1999. The 1996 White Paper and 1998 Defence Review agreed, in line with the Constitution , that SANDF's primary function was to defend the territorial integrity and people of South Africa – in contrast to the posture of SADF, which towards

18810-450: The arms companies and leaked by Anonymous ; however, Armscor said that the leaked figures were inaccurate. On the other hand, the contracts also purportedly entailed offsets of R100 billion. Four Super Lynx 300, supplied by the United Kingdom, had also been on the 1998 list of preferred programmes, but fell out of the final package. However, the department separately purchased them in 2003. This contract can be seen as an indirect result of

19008-411: The arms deal and have challenged anyone to come forward with evidence of any money or any benefits that flowed to Joe Modise or any of his family members. In fact, to date, no investigation or court of law has found any evidence of wrong-doing against Joe Modise, even though there have been numerous allegations levelled against him, and his peers, fellow South African liberation icons and cabinet members at

19206-415: The black population to ten designated "tribal homelands", also known as bantustans , four of which became nominally independent states. The government announced that relocated persons would lose their South African citizenship as they were absorbed into the bantustans. Apartheid sparked significant international and domestic opposition, resulting in some of the most influential global social movements of

19404-568: The bombing a "gross violation of human rights". McBride received amnesty and became a senior police officer. Other attacks carried out by MK include the 1987 attacks on courts in Johannesburg, Newcastle, a bank in Roodepoort (1988), Ellis Park rugby stadium ( car bomb ) and several others which resulted in multiple casualties. Modise continued to expand MK's capabilities by training younger promising guerrillas as executive officers and in 1985, after

19602-602: The borders of their homelands – hence this policy of separate development". Under the homelands system, blacks would no longer be citizens of South Africa, becoming citizens of the independent homelands who worked in South Africa as foreign migrant labourers on temporary work permits. In 1958 the Promotion of Black Self-Government Act was passed, and border industries and the Bantu Investment Corporation were established to promote economic development and

19800-416: The brave freedom fighters of our movement and nation builders of our country. My association with Joe Modise stretches back over many years. We have shared in moments that I remember with amusement as I now look back. We were comrades in activities that helped shape the future of our country, and I remember him with respect and admiration. Joe Modise was one of those who gave virtually all of his life to

19998-481: The chairperson of Parliament's public enterprises committee. The regional EADS head, Michael Woerfel, was charged for having facilitated the deal with Yengeni. After years of insisting on his innocence, in February 2003 Yengeni pleaded guilty to fraud in a plea bargain under which he was acquitted of corruption. The charges against Woerfel were dropped, and Yengeni was sentenced to five years' imprisonment but released on

20196-560: The common voters' roll in the Cape to a new Coloured voters' roll. Immediately after the vote, the Senate was restored to its original size. The Senate Act was contested in the Supreme Court, but the recently enlarged Appeal Court, packed with government-supporting judges, upheld the act, and also the Act to remove Coloured voters. The 1956 law allowed Coloureds to elect four people to Parliament, but

20394-506: The company through which Hlongwane received the Sanip consultancy fees between July 2004 and August 2006. The loan, granted in 2005, was primarily for the purchase of a new house in Bryanston . Nyanda and Hlongwane had a relationship dating back to the apartheid era. Both parties denied that the loan constituted a bribe or was otherwise illicit. In 2020, the Daily Maverick said that the loan had been written off in 2009 "with evidence that there

20592-481: The consultancy contracts was Basil Hersov, former FNB and Anglovaal chairperson and a member of the President's economic advisory panel, whose company FTNSA Consulting had allegedly received £5.5 million (R77 million). Hersov later said that it had been less than that amount, and that it had been properly disclosed to the South African authorities. BAE reached an overall settlement with the SFO in February 2010. During

20790-507: The contract. It had listed $ 25 million in its balance sheet as "useful expenditures" related to the contract, which Der Spiegel said had been a common way of accounting for foreign bribe payments before such payments became illegal in Germany in 1999. About $ 22 million allegedly went through a company registered in Liberia to Tony Georgiadis, a Greek businessman, who was apparently hired by Thyssen as

20988-482: The contracts. Few of the allegations have been proven or prosecuted, and most were dismissed by the Seriti Commission , a judicial inquiry which ran from 2011 to 2016 and whose findings were overturned in 2019. The only individuals convicted on charges relating to the deal were former ANC Chief Whip Tony Yengeni and Zuma's financial advisor Schabir Shaik , although a criminal case is ongoing against Zuma and one of

21186-554: The country in March 1963, accompanied by Moses Kotane and they presented an overview of events in South Africa, and met with the Communist Party of the Soviet Union (CPSU). On 5 April 1963 Tambo and Kotane had talks with Ponomarev, which was the beginning of a long relationship between the men and during the meeting, parties set out radical plans for the overthrow of the apartheid regime, using armed and political struggle. Tambo also motivated

21384-411: The country rather than the quality of our ITP [invitation to prequalify] response. One friend who has, and remains, absolutely critical to our ultimate success for both Hawk and Gripen is Minister Stella Sigcau. As mentioned above, Saab was contracted alongside BAE Systems to provide the fighter aircraft, and its South African subsidiary Sanip had signed consultancy agreements with Hlongwane. In 2011, when

21582-709: The country's highest civilian honour, the Order of the Star of South Africa (non-Military), Class 1: Grand Cross (Gold). In addition, numerous roads and human settlements have been named after him. At the Sereti Commission of inquiry, Gavin Woods made accusations that Joe Modise had benefited from the South African Arms deal. However, upon cross-examination, he failed to provide any evidence of any such benefits. Joe Modise's family has consistently supported all investigations into

21780-526: The deal was also criticised from an early stage on grounds relating to its cost and underlying strategy. For example, critics point to the Affordability Report published by the Treasury in August 1999, which found that the Arms Deal presented a sizeable economic risk. They say that the scale of the acquisitions was hard to justify, given that South Africa did not face any direct military threats. Even when

21978-514: The deal were later employed by the contractors. Although there have been very many public allegations about specific cases or relationships involving some such corruption, they have most frequently been limited to media reports – they have very rarely been corroborated by an official investigation or inquiry or tested in a criminal trial. In October 2001, the Scorpions charged ANC Chief Whip Tony Yengeni with corruption (and later also with fraud), after having investigated him for several months. He

22176-577: The deal, feeling that Modise had made up his mind in advance as to the outcome of the tender process. The Guardian also said that the offsets promised under the BAE contract would have benefitted Conlog, a company in which Modise owned shares, although BAE ultimately did not invest in Conlog. This was described as a blatant undeclared conflict of interest. The joint investigation noted this and said that, although it had not found yet found any evidence of impropriety, "such

22374-527: The disenfranchised. Before South Africa became a republic in 1961, politics among white South Africans was typified by the division between the mainly Afrikaner pro-republic conservative and the largely English anti-republican liberal sentiments, with the legacy of the Boer War still a factor for some people. Once South Africa became a republic, Prime Minister Hendrik Verwoerd called for improved relations and greater accord between people of British descent and

22572-400: The dossier had been compiled by ANC intelligence operatives working with whistleblowers inside the party, including Winnie Madikizela-Mandela . In September 2000, the Auditor-General reported to Parliament's Standing Committee on Public Accounts (SCOPA) about various potential irregularities in the decision-making process uncovered during its special review. In response, SCOPA recommended that

22770-553: The effects of the United Party's policies. The commission concluded that integration would bring about a "loss of personality" for all racial groups. The HNP incorporated the commission's findings into its campaign platform for the 1948 South African general election , which it won. South Africa had allowed social custom and law to govern the consideration of multiracial affairs and of the allocation, in racial terms, of access to economic, social, and political status. Most white South Africans, regardless of their own differences, accepted

22968-429: The end of apartheid had been involved in internal political conflicts. Both reports also agreed that SANDF should adopt a "strategic defensive posture." However, whereas the 1996 White Paper emphasised a wide definition of "security," acknowledging that South African security was not primarily a matter of military strength and that there were no immediate military threats to the country, the 1998 Defence Review also included

23166-514: The enemy which until late 1968. Tambo and James Chikerema , the head of ZAPU in exile, directed the campaign at the political level, while Modise (MK Commander in Chief), Akim Ndlovu ( ZIPRA commander), Archie Sibeko (Zola Zembe, MK Chief of Operations), Dumiso Dabengwa (ZAPU chief of intelligence), Mjojo (General Tshali, MK Chief of Staff), Walter Mavuso (Mavuso Msimang, MK Chief of Communications) and Chris Hani (MK Commissar) assumed responsibility at

23364-414: The establishment of the Revolutionary Council there was a shift in emphasis away from international solidarity and towards 'building [the] ANC inside South Africa ’. Between 1970 and 1975 MK reconsolidated its underground structures. Among others, Chris Hani returned to South Africa. On 25 June 1975, the People's Republic of Mozambique was created after a protracted 10-year battle by FRELIMO troops against

23562-510: The evidence given by implicated officials who denied corruption allegations against them. It made no recommendations for further investigations or criminal charges. In August 2019, the North Gauteng High Court set aside the commission's findings, on the basis that it had omitted to admit, interrogate and pursue relevant evidence and thus had failed to comprehensively investigate the matters set out in its terms of reference. The ruling

23760-470: The final packages, and contracts were signed with the relevant companies on 3 December 1999. The cabinet announced that the total cost of the package was R29.992 billion, and it comprised: Howaldtswerke-Deutsche Werft Thyssen Rheinstahl Technik Saab The costs cited in the table above, which were announced by the Cabinet at the time of the signature of the contracts, exclude finance charges, escalation clauses, and foreign exchange fluctuations. Thus

23958-465: The financing arrangements and exchange rate fluctuations, the true cost of the contracts – only finally paid off in October 2020 – is estimated at far more, although the government's total expenditure on the package has never been disclosed. From the outset, the Arms Deal was criticised on multiple fronts. Some critics questioned the justifiability of the scale and cost of the package, while others questioned

24156-686: The first pieces of segregating legislation enacted by Smuts' government was the Asiatic Land Tenure Bill (1946) , which banned land sales to Indians and Indian descendent South Africans. The same year, the government established the Fagan Commission . Amid fears integration would eventually lead to racial assimilation, the Opposition Herenigde Nasionale Party (HNP) established the Sauer Commission to investigate

24354-465: The former Czechoslovakia , Cuba and Vietnam . In 1964 he returned to Tanzania, from where he was involved in the re-organisation of MK and its training programmes and began a lifelong commitment to the struggle in which he established MK bases in Tanzania, Angola and Zambia. Training in the Soviet Union, especially for MK's staff officers continued in the USSR and Tambo and Modise led another delegation to

24552-459: The government making certain decisions in relation to the contracts. The contracts particularly related to assistance in respect of BAE and SAAB's offset obligations. In 2011, a Swedish documentary found evidence that SANIP was unable to prove that Hlongwane had done any "meaningful work" under his contract with Sanip, which the Daily Maverick said suggested that the advisory contract was "merely

24750-479: The head of SANCO, and a former head of Numsa, where he retained significant influence. Following an internal investigation, Numsa had decided to distance itself from Arms Deal-related projects, but had continued to receive assistance from Metall. Saab later provided Sanco with a R2.5-million loan, which may have been written off without payment. Saab, Metall, Numsa, and Mayekiso all denied that there had been any irregularities in any arrangement among them. ThyssenKrupp

24948-594: The hearings, with some speaking publicly in protest of the commission's approach to its task; and the commission declined to admit several pieces of evidence which critics said were key. The report of the inquiry was released in April 2016 and was widely criticised as a whitewash. It found that: The commission called accusations of fraud, corruption and malfeasance "wild allegations with no factual basis." It found no evidence that large payments to politically connected consultants were for bribes or for any purpose other than consultancy services, and it found no reason to discredit

25146-465: The highest status, followed by Indians , Coloureds and black Africans , in that order. The economic legacy and social effects of apartheid continue to the present day, particularly inequality . Broadly speaking, apartheid was delineated into petty apartheid , which entailed the segregation of public facilities and social events, and grand apartheid , which strictly separated housing and employment opportunities by race. The first apartheid law

25344-424: The homeland structure as one of its cornerstones. Verwoerd came to believe in the granting of independence to these homelands. The government justified its plans on the ostensible basis that "(the) government's policy is, therefore, not a policy of discrimination on the grounds of race or colour, but a policy of differentiation on the ground of nationhood, of different nations, granting to each self-determination within

25542-412: The homeland system, the government attempted to divide South Africa and South West Africa into a number of separate states, each of which was supposed to develop into a separate nation-state for a different ethnic group. Territorial separation was hardly a new institution. There were, for example, the "reserves" created under the British government in the nineteenth century. Under apartheid, 13 percent of

25740-508: The homelands and the problems which other countries faced through entry of illegal immigrants. Bantustans within the borders of South Africa and South West Africa were classified by degree of nominal self-rule: 6 were "non-self-governing", 10 were "self-governing", and 4 were "independent". In theory, self-governing Bantustans had control over many aspects of their internal functioning but were not yet sovereign nations. Independent Bantustans (Transkei, Bophutatswana, Venda and Ciskei; also known as

25938-420: The huge sums of money he received, either directly or through the various entities which he controlled, to induce and/or reward... assistance" of officials involved in the evaluation of the Arms Deal bids. The payments to Hlongwane included quarterly retainers from BAE and from Sanip (a South African subsidiary of Saab, which in turn was majority-owned by BAE until 2005); and a large bonus from Sanip contingent upon

26136-482: The immigration of blacks from other countries. To reside in a city, blacks had to be in employment there. Until 1956 women were for the most part excluded from these pass requirements, as attempts to introduce pass laws for women were met with fierce resistance. In 1950, D. F. Malan announced the NP's intention to create a Coloured Affairs Department. J.G. Strijdom , Malan's successor as prime minister, moved to strip voting rights from black and Coloured residents of

26334-655: The importance of education on the young Modise and, consequently, he obtained his matric certificate through private study. His first job was as a driver for various companies. Contrary to apartheid regime-led claims and conspiracy theories; Modise was never a member of the Alexandra Township gang, the Spoilers. Instead he spent his time away from work (as a PUTCO bus driver) working for the African National Congress Youth League (ANCYL). Modise joined

26532-456: The integration of the liberation armies and former colonial forces into a new, professional defence force. In the new South Africa, Modise also founded the Umkhonto we Sizwe Veterans Association and was elected "Life President". Modise's professional contribution to overthrowing apartheid and to establish a new democracy has been recognised. On 22 November 2001 President Thabo Mbeki awarded Modise

26730-399: The judgement was being "used as a whip to harass us." It's just a figment of the imagination because honourable members have not paid attention to what benefits have been brought by the arms deal in terms of the industry and the country. Again, they would be imagining it. I know that they have been chasing to find something. Up to this day, nobody has found anything. They've been chasing it in

26928-454: The land was reserved for black homelands, a small amount relative to its total population, and generally in economically unproductive areas of the country. The Tomlinson Commission of 1954 justified apartheid and the homeland system, but stated that additional land ought to be given to the homelands, a recommendation that was not carried out. When Verwoerd became prime minister in 1958, the policy of "separate development" came into being, with

27126-404: The last two of which included several sub-classifications. Places of residence were determined by racial classification. Between 1960 and 1983, 3.5 million black Africans were removed from their homes and forced into segregated neighbourhoods as a result of apartheid legislation, in some of the largest mass evictions in modern history. Most of these targeted removals were intended to restrict

27324-540: The leadership group moved to Morogoro, which became ANC HQ, with MK becoming the ANC's military wing. In 1967, OR Tambo became Acting President, after the death of Chief Albert Luthuli . The ANC's secretary-general was Duma Nokwe, Moses Kotane filled the post of treasurer, and modise was commander in chief of MK. The primary task before them was the reorganisation of the ANC's severely disrupted structures. As Commander in Chief of MK, Modise together with Dumiso Dabengwa of Zimbabwe People's Revolutionary Army (ZAPU, ZIPRA) led

27522-646: The legislative program: the South Africa Act (1910) enfranchised White people, giving them complete political control over all other racial groups while removing the right of Black people to sit in parliament; the Native Land Act (1913) prevented Black people, except those in the Cape, from buying land outside "reserves"; the Natives in Urban Areas Bill (1918) was designed to force Black people into "locations";

27720-2532: The long term. A third faction, which included Hendrik Verwoerd , sympathised with the purists, but allowed for the use of black labour, while implementing the purist goal of vertical separation. Verwoerd would refer to this policy as a policy of "good neighbourliness" as a means of justifying such segregation. Glen Grey Act (1894) Natal Legislative Assembly Bill (1894) Transvaal Asiatic Registration Act (1906) South Africa Act (1909) Mines and Works Act (1911) Natives Land Act (1913) Natives (Urban Areas) Act (1923) Immorality Act (1927) Native Administration Act (1927) Women's Enfranchisement Act (1930) Franchise Laws Amendment Act (1931) Representation of Natives Act (1936) Native Trust and Land Act (1936) Native (Urban Areas) Consolidation Act (1945) Immorality Amendment Act † (1950) Population Registration Act (1950) Group Areas Act (1950) Suppression of Communism Act (1950) Native Building Workers Act (1951) Separate Representation of Voters Act (1951) Prevention of Illegal Squatting Act (1951) Bantu Authorities Act (1951) Native Laws Amendment Act † (1952) Pass Laws Act (1952) Public Safety Act (1953) Native Labour (Settlement of Disputes) Act (1953) Bantu Education Act (1953) Reservation of Separate Amenities Act (1953) Natives Resettlement Act (1954) Group Areas Development Act (1955) Riotous Assemblies Act (1956) Industrial Conciliation Act (1956) Natives (Prohibition of Interdicts) Act (1956) Immorality Act (1957) Bantu Investment Corporation Act (1959) Extension of University Education Act (1959) Promotion of Bantu Self-government Act (1959) Unlawful Organizations Act (1960) Indemnity Act (1961) Coloured Persons Communal Reserves Act (1961) Republic of South Africa Constitution Act (1961) Urban Bantu Councils Act (1961) General Law Amendment Act (1963) Separate Representation of Voters Amendment Act (1968) Prohibition of Political Interference Act (1968) Bantu Homelands Citizenship Act (1970) Bantu Homelands Constitution Act (1971) Aliens Control Act (1973) Indemnity Act (1977) National Key Points Act (1980) List of National Key Points Internal Security Act (1982) Black Local Authorities Act (1982) Interim Constitution (1993) Promotion of National Unity and Reconciliation Act (1995) NP leaders argued that South Africa did not comprise

27918-417: The military level for personnel, reconnaissance, intelligence and logistics. The latter involved the acquisition of ammunition and food supplies for the mission, as well as the means to transport them. Intelligence was left to ZAPU, due to their knowledge of the terrain and its people. ZAPU also undertook to conduct an awareness campaign in the area of the proposed operation so as to ensure a good reception for

28116-450: The military wing of the African National Congress , and was its longest serving Commander in Chief, deputised at different points in time by Joe Slovo and Chris Hani . Modise headed MK for a 25-year period, from 1965 to 1990. He served as South Africa's first black Minister of Defence from 1994 to 1999 and led the formation of the post-independence defence force. As a PUTCO bus driver from Sophiatown, Gauteng , he became interested in

28314-446: The mounting tensions of the Cold War also stirred up discontent, while the nationalists promised to purge the state and public service of communist sympathisers. First to desert the United Party were Afrikaner farmers, who wished to see a change in influx control due to problems with squatters, as well as higher prices for their maize and other produce in the face of the mineowners' demand for cheap food policies. Always identified with

28512-604: The nation's most populous province, the Transvaal , proved equally devastating. As the voting system was disproportionately weighted in favour of rural constituencies and the Transvaal in particular, the 1948 election catapulted the Herenigde Nasionale Party from a small minority party to a commanding position with an eight-vote parliamentary lead. Daniel François Malan became the first nationalist prime minister, with

28710-565: The need for such a large-scale defence acquisitions package is acknowledged, some have questioned whether the right equipment and the right suppliers were selected. For example, the decision to acquire submarines and fighter aircraft appeared imprudent to those who believed that SANDF's primary role would be to conduct peace-keeping operations and police support operations, neither of which would require additional conventional military capabilities. The most immediate maritime threats were those of smuggling and illegal fishing from foreign trawlers, making

28908-403: The newly constituted Revolutionary Council. Separate regional headquarters, also called staff commands, for Zambia and Tanzania were established under their own chiefs of staff. The other major decision of the conference was to open membership of the ANC in exile to people of all races. This went some way towards resolving the anomaly that while membership of MK had been open to people of all races,

29106-527: The next 10 years, the people's army conducted a series of bombings the country including the 1985 Amanzimtoti bombing on the Natal South Coast where five civilians were killed and 40 were injured. The attack was conducted by MK cadre, Andrew Sibusiso Zondo who detonated an explosive in a rubbish bin at a shopping centre shortly before Christmas. In a submission to the Truth and Reconciliation Commission (TRC),

29304-481: The number of judges in the Appeal Court from five to 11, and appointed pro-Nationalist judges to fill the new places. In the same year they introduced the Senate Act, which increased the Senate from 49 seats to 89. Adjustments were made such that the NP controlled 77 of these seats. The parliament met in a joint sitting and passed the Separate Representation of Voters Act in 1956, which transferred Coloured voters from

29502-606: The offsets included in the final contracts failed to materialise or brought less benefit than promised. Opposition parties, civil society, and independent government watchdogs were alert for potential corruption in the Arms Deal from its initiation. In November 1998, soon after the Defence Review was finalised, the Auditor-General identified the Strategic Defence Package as high-risk and sought permission to perform

29700-505: The organisation had fallen under the influence of Western liberals. Many Afrikaners resented what they perceived as disempowerment by an underpaid black workforce and the superior economic power and prosperity of white English speakers. Smuts, as a strong advocate of the United Nations , lost domestic support when South Africa was criticised for its colour bar and the continued mandate of South West Africa by other UN member states. Afrikaner nationalists proclaimed that they offered

29898-505: The original package – by purchasing the corvettes, the government effectively committed to purchase maritime helicopters in the future. The Super Lynx were deployed on the new German corvettes from 2008. The defence companies who supplied the equipment were paid between 2000 and 2014, while the South African government (through the National Treasury as debtor) continued paying off related loans until October 2020. The major financiers of

30096-470: The other MK members continued underground activities inside the country with meeting being held at Liliesleaf Farm in Rivonia. As soon as ties with other countries had been established, Modise played a key role in recruiting people for Umkhonto we Sizwe (MK) and arranging for them to leave the country for military training. As of 1962 he was instructed to leave his job as a driver to work as an organiser for MK on

30294-482: The package, some of whose loans were underwritten by their governments, were the following international banks (with amounts provided by Manuel, who was the Minister of Finance at the time): The Arms Deal was subject to criticism on several different fronts. Although the majority of the ensuing controversy centred on corruption allegations and concerns that fair procurement processes had not been followed ( see below ),

30492-483: The participation of black Africans in the economy with black labour controlled to advance the economic gains of Afrikaners. A second faction were the "purists", who believed in "vertical segregation", in which blacks and whites would be entirely separated, with blacks living in native reserves, with separate political and economic structures, which, they believed, would entail severe short-term pain, but would also lead to independence of white South Africa from black labour in

30690-464: The prevailing pattern. Nevertheless, by 1948 it remained apparent that there were gaps in the social structure, whether legislated or otherwise, concerning the rights and opportunities of nonwhites. The rapid economic development of World War II attracted black migrant workers in large numbers to chief industrial centres, where they compensated for the wartime shortage of white labour. However, this escalated rate of black urbanisation went unrecognised by

30888-425: The process of deciding between bids was an evaluation by four committees (technical, finance merit, defence industrial participation, and national industrial participation), who scored each out of 300. Those evaluations were then forwarded across a series of other bodies, primarily within the defence establishment and of increasing seniority, each of which made recommendations to the next level, ultimately culminating in

31086-431: The provision of employment in or near the homelands. Many black South Africans who had never resided in their identified homeland were forcibly removed from the cities to the homelands. The vision of a South Africa divided into multiple ethnostates appealed to the reform-minded Afrikaner intelligentsia, and it provided a more coherent philosophical and moral framework for the National Party's policies, while also providing

31284-681: The right to vote for the Coloured Persons Representative Council , which had limited legislative powers. The council was in turn dissolved in 1980. In 1984 a new constitution introduced the Tricameral Parliament in which coloured voters elected the House of Representatives . A 2016 study in The Journal of Politics suggests that disenfranchisement in South Africa had a significant negative effect on basic service delivery to

31482-476: The rolls the few blacks still qualified to vote. The Bantu Investment Corporation Act of 1959 set up a mechanism to transfer capital to the homelands to create employment there. Legislation of 1967 allowed the government to stop industrial development in "white" cities and redirect such development to the "homelands". The Black Homeland Citizenship Act of 1970 marked a new phase in the Bantustan strategy. It changed

31680-576: The same period, it also settled with the United States Department of Justice and Department of State . All three settlements were broad, relating to BAE's activities in a number of countries other than South Africa, and none involved admitting to bribery or corruption, although BAE did admit that it had used commissions to "ensure BAE was favoured in foreign government decisions regarding the sale of defence articles." Defence Minister Joe Modise has also been implicated in corruption relating to

31878-469: The same year, the Representation of Natives Act removed previous Black voters from the Cape voters' roll and allowed them to elect three Whites to Parliament. The United Party government of Jan Smuts began to move away from the rigid enforcement of segregationist laws during World War II, but faced growing opposition from Afrikaner nationalists who wanted stricter segregation. Post-war, one of

32076-438: The sea, in the sky and everywhere. Nothing has been found. What is the problem? Corruption Watch alleges that there were four common types of corrupt practice related to the Arms Deal: bribery, especially through consultancy contracts; gift-giving; share transactions which allowed politicians or politically connected businessmen to benefit from the contracts; and revolving door corruption, whereby government officials involved in

32274-433: The selection of the successful contractors/bidders, which may render the contracts questionable. As matters stand, there are presently no grounds to suggest that the Government's contracting position is flawed. The Guardian called the report "heavily sanitised," Feinstein said that it was "weak and incomplete" and "watered down," and other critics considered it "a whitewash ." It declined to publicly disclose findings "of

32472-421: The severing of ties with the UK and remained loyal to the Crown . They were displeased by having to choose between British and South African nationalities. Although Verwoerd tried to bond these different blocs, the subsequent voting illustrated only a minor swell of support, indicating that a great many English speakers remained apathetic and that Verwoerd had not succeeded in uniting the white population. Under

32670-399: The status of blacks to citizens of one of the ten autonomous territories. The aim was to ensure a demographic majority of white people within South Africa by having all ten Bantustans achieve full independence. Inter-racial contact in sport was frowned upon, but there were no segregatory sports laws. The government tightened pass laws compelling blacks to carry identity documents, to prevent

32868-650: The strategic usefulness or prudence of specific contracts under the package. Most public attention, however, was focused on allegations that improper procurement processes had been followed. Each of the five major programmes of the package ultimately became subject to such allegations, which often extended to allegations of profiteering by ANC politicians, including through fraud, corruption, bribery, racketeering and/or money laundering. At least three former cabinet ministers – Joe Modise , Siphiwe Nyanda , and Stella Sigcau – and two former Presidents – Thabo Mbeki and Jacob Zuma – have been accused of improperly benefiting from

33066-495: The struggle against apartheid at an early age. He at first chose only non-violent means, being arrested with Nelson Mandela and 154 others and tried for treason. All were acquitted. In the 1960s, the South African government were using increasingly violent means to suppress anti-Apartheid activists, and Modise became a guerrilla fighter. He organized resistance groups and trained many other guerrilla fighters. Modise became Commander in Chief of Umkhonto we Sizwe ("MK") following

33264-406: The struggle and to the African National Congress. Before the banning of the organisation he was a brave and forthright opponent of the regime and an energetic organiser of resistance. He went into exile where he played a key role in the leadership of the movement. He rose to the highest rank in our liberation army, Umkonto we Sizwe. He returned from exile to take part in the early negotiations with

33462-425: The time, Nelson Mandela, Thabo Mbeki as well as the ANC. In 2001, Modise died of cancer in Pretoria at the age of 72. He was buried at Westpark Cemetery in Johannesburg, South Africa. He is survived by his two wives Eva Modise and Jackie Sedibe , a former MK chief of communications and first SANDF female general who led the transformation agenda of the post-apartheid defence force; and his five daughters. She

33660-582: The transition period between 1990 and 1994. Some reforms of the apartheid system were undertaken, including allowing for Indian and Coloured political representation in parliament , but these measures failed to appease most activist groups. Between 1987 and 1993, the National Party entered into bilateral negotiations with the African National Congress (ANC), the leading anti-apartheid political movement, for ending segregation and introducing majority rule. In 1990, prominent ANC figures, such as Nelson Mandela , were released from prison. Apartheid legislation

33858-415: The trial lists 193 acts of sabotage. Wilton Mkwayi, head of MK at the time, escaped during trial. When the Soviets opened an embassy in Dar es Salaam, Tanzania , in 1962, more direct links between the Soviets and the ANC were cemented. The embassy, formally through the Soviet Afro-Asian Solidarity Committee, invited Oliver Tambo in December 1962 to visit the Soviet Union for a period of rest. Tambo went to

34056-422: The two major beneficiaries of the advisory contracts. Hlongwane was a former Umkhonto weSizwe commander, an advisor to Modise at the time of the Arms Deal, and a Denel director from 1999. BAE ultimately paid Hlongwane over R100 million through various means, according to the SFO for corrupt ends. The Scorpions agreed that there was "at the very least a reasonable suspicion that Fana Hlongwane may have used some of

34254-427: The urgent need to train ANC cadres in the Soviet Union. Tambo's request for military training was approved by the Soviet government, and in Summer of 1963, two groups of 20 cadres arrived in Moscow to begin studies at the Northern Training Centre. The first group arrived in November 1963, and they were joined by a larger group that included Modise (who had taken name the guerrilla name Thabo More) and Moses Mabhida, who

34452-632: The voters a new policy to ensure continued white domination. This policy was initially expounded from a theory drafted by Hendrik Verwoerd and was presented to the National Party by the Sauer Commission . It called for a systematic effort to organise the relations, rights, and privileges of the races as officially defined through a series of parliamentary acts and administrative decrees. Segregation had thus far been pursued only in major matters, such as separate schools, and local society rather than law had been depended upon to enforce most separation; it should now be extended to everything. The commission's goal

34650-407: Was a cover for or means of laundering R30 million or more in Arms Deal-related bribes and payments, and that allegation was revived in 2012 by a Swedish TV4 programme, which focused on the involvement of Stefan Löfven , who later became Prime Minister of Sweden. Löfven was the head of Metall's international section in 1999 and reportedly was a good friend of Moses Mayekiso , who was an ANC member,

34848-427: Was a result of a review application by Corruption Watch and Right2Know , which was unopposed after the President and three ministers withdrew their opposition to the challenge before the hearings began. In 2021, a complaint by activist groups about the conduct at the commission of its two members, Seriti and Musi, was referred to the Judicial Conduct Committee (JCC) of the Judicial Service Commission (JSC). Ahead of

35046-463: Was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia ) from 1948 to the early 1990s. It was characterised by an authoritarian political culture based on baasskap ( lit. 'boss-ship' or 'boss-hood'), which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population . Under this minoritarian system, white citizens held

35244-435: Was accused of having received a 47% discount on a Mercedes-Benz from the South African branch of Daimler-Benz Aerospace , later merged into European Aeronautic Defence and Space (EADS), in exchange for offering to lobby for the awarding of contracts to Daimler-Benz for helicopters, fighter aircraft, and other products. This allegedly occurred in 1998, while Yengeni chaired Parliament's joint standing committee on defence, and

35442-507: Was allotted its own area, which was used in later years as a basis of forced removal. The Prevention of Illegal Squatting Act of 1951 allowed the government to demolish black shanty town slums and forced white employers to pay for the construction of housing for those black workers who were permitted to reside in cities otherwise reserved for whites. The Native Laws Amendment Act, 1952 centralised and tightened pass laws so that blacks could not stay in urban areas longer than 72 hours without

35640-408: Was also MK political commissar. Third in the military hierarchy was Joe Slovo, who was Chief of Staff. The ANC's security and intelligence organ, Nat, headed by Mzwai Piliso , was also represented on the PMC MK, under Modise and Hani's command participated in the 1983 bombing of Church Street, in Pretoria near the South African Air Force Headquarters, resulting in 19 deaths and 217 injuries. During

35838-422: Was beginning to be seen as a real possibility. In 1986 ANC members began a three-year course for motorised infantry officers in Perevalnoye, and the next year many were to embark on five-year courses to become helicopter and jet pilots, flight engineers or naval officers. In 1987, Modise as head of MK requested the assistance of the Cubans at meetings in Lusaka and Harare. These relations were maintained throughout

36036-411: Was chaired by OR Tambo. This was a move intended to reinforce the supremacy of political leadership also ensure that the task of mass mobilisation and underground organisation received the necessary emphasis - to reinforce the links between the armed struggle the mass base and the underground structures of the ANC. During the conference, Tambo resigned but was unanimously re-elected as deputy president of

36234-533: Was charged with integrating the many sections of guerrilla fighters into the new South African National Defence Force (SANDF). An African of Tswana descent, Modise or Joe (or JM), as he is known to family, friends and comrades, was born in Doornfontein, Johannesburg , on 23 May 1929. He was the only child of Miriam and Ezekiel Modise. Modise completed his Junior Certificate at the Fred Clark Memorial School in Nance Field. He had to leave school in order to work and contribute to his family's income. His parents impressed

36432-431: Was expected to create 61,629 jobs), and economic growth. However, the Congress of South African Trade Unions expressed concern. According to journalist R. W. Johnson , the deal was also opposed, primarily on financial grounds, by Ministers Trevor Manuel , Joe Slovo , and Jay Naidoo , while Deputy President Thabo Mbeki , who has been described as a "champion" of the deal, supported Modise in favour of it. The basis for

36630-492: Was followed by Ordinance 3 in 1848, which introduced an indenture system for Xhosa that was little different from slavery. The various South African colonies passed legislation throughout the rest of the 19th century to limit the freedom of unskilled workers, to increase the restrictions on indentured workers and to regulate the relations between the races. The discoveries of diamonds and gold in South Africa also raised racial inequality between White people and Black people. In

36828-428: Was in part adopted from "left-over" British rule that separated different racial groups after they took control of the Boer republics in the Anglo-Boer war . This created the black-only " townships " or "locations", where blacks were relocated to their own towns. As the NP government's minister of native affairs from 1950, Hendrik Verwoerd had a significant role in crafting such laws, which led to him being regarded as

37026-405: Was later written off in full. There was no evidence that the payment was directly related to Shaik's doctorate, but journalists noted that it had been made at the same time that the doctorate was awarded. In 2013, the Sunday Times reported that Stella Sigcau , who was Minister of Public Enterprises during the Arms Deal negotiations, was allegedly bribed by BAE in exchange for her support for

37224-406: Was little to no attempt at repayment." In response, Nyanda granted the newspaper access to private documents which showed that he had repaid the loan. However, the documents gave rise to two new revelations. First, the documents reportedly showed that Nyanda had agreed to loans from Hlongwane's companies before his retirement from SANDF. Second, they reportedly showed that from 2007 Nyanda had paid off

37422-402: Was one of MK's first female recruits the only living recipient of the Order of Mendi for Bravery (nine other recipients were posthumous) which South African President Jacob Zuma presented to other members of MK's Luthuli detachment on 29 April 2016. On 6 December 2003, Mandela said the following about Modise: "We are proud to be present at this unveiling ceremony, paying tribute to one of

37620-426: Was one of the advance group of ANC leaders who were tasked with entering into discussions with the National Party (South Africa) government at Groote Schuur. This meeting resulted in the formulation of a document, the Groote Schuur Minute, which prepared the way for the return of exiles and a negotiated an end to the apartheid system. During 1993 Modise was instrumental in negotiating the integration of officials of

37818-696: Was part of the group that included his long-time friend Nelson Mandela , Wilton Mkwayi , Ronnie Kasrils , Govan Mbeki , Walter Sisulu , Denis Goldberg , Ahmed Kathrada , Raymond Mhlaba , Andrew Mlangeni , Elias Motsoaledi and others who founded Umkhonto we Sizwe (MK). After warning the South African government in June 1961 of its intent to resist further acts of terror if the government did not take steps toward constitutional reform and increase political rights, MK launched its first attacks against government installations in Johannesburg, Port Elizabeth and Durban on 16 December 1961. In January 1962, Nelson Mandela left South Africa for military training while most of

38016-471: Was recalled from the World Federation of Trade Unions (WFTU) headquarters in Prague . The recruits underwent training in guerrilla warfare, military strategy and tactics, topography, drilling and the use of firearms. Because the number of recruits had increased significantly, training was moved to a larger facility in the city of Odesa in Ukraine. Between 1963 and 1965, 328 cadres were trained at Odesa including Chris Hani who arrived in 1964. Other leaders of

38214-434: Was repealed on 17 June 1991, leading to multiracial elections in April 1994 . Apartheid is an Afrikaans word meaning "separateness", or "the state of being apart", literally " apart - hood " (from the Afrikaans suffix -heid ). Its first recorded use was in 1929. Racial discrimination and inequality against Black people in South Africa dates to the beginning of large-scale European colonisation of South Africa with

38412-464: Was replaced by Hendrick Musi . Formally named the Commission of Inquiry into Allegations of Fraud, Corruption, Impropriety or Irregularity in the Strategic Defence Procurement Package, it was better known as the Arms Deal Commission or the Seriti Commission . Under its terms of reference, the inquiry looked into: The inquiry ran until 2016 and cost R137 million. Several employees of the commission, including commissioner Lekgodi, resigned before or during

38610-457: Was the Prohibition of Mixed Marriages Act, 1949 , followed closely by the Immorality Amendment Act of 1950, which made it illegal for most South African citizens to marry or pursue sexual relationships across racial lines . The Population Registration Act, 1950 classified all South Africans into one of four racial groups based on appearance, known ancestry, socioeconomic status, and cultural lifestyle: "Black", "White", "Coloured", and "Indian",

38808-416: Was to be chaired by ANC president Oliver Tambo, deputised by secretary general Alfred Nzo. Like the RC, it had two main operational arms, one political and one military. On the political side, the PMC hierarchy consisted of a political committee chaired by Joe Jele, with Mac Maharaj as secretary. The newly created military headquarters was commanded by Modise (Commander in Chief), deputised by Chris Hani, who

39006-405: Was to completely remove blacks from areas designated for whites, including cities, with the exception of temporary migrant labour. Blacks would then be encouraged to create their own political units in land reserved for them. The party gave this policy a name –  apartheid . Apartheid was to be the basic ideological and practical foundation of Afrikaner politics for the next quarter of

39204-407: Was ultimately not met – in December 1999, the final Strategic Defence Package was merely presented to Parliament. In announcing its plans for defence procurement, the government emphasised the extent of the offset offers that it had received from multiple foreign suppliers from an early phase, presenting offsets as an opportunity to spur investment, industrialisation, job creation (the final package

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