DA opposes Ramaphosa’s alleged plan to conceal Lady R report

The Democratic Alliance (DA) is looking to legally compel government to make the findings on Russia’s “Lady R” weapons saga available to the public.

An investigation is currently underway to find out whether arms and ammunition were loaded onto the Russian ship when it docked at Simon’s Town, Western Cape, in December last year.

The incident made headlines last month, as US Ambassador Reuben Brigety accused South Africa of supplying Russia with weapons amid the war in Ukraine.

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President Cyril Ramaphosa has since instituted an investigation led by a three-member independent panel.

The panel, which was announced on 28 May, will be led by retired deputy justice, Phineas Mojapelo, and also consists of Advocate Leah Gcabashe, and former justice minister, Enver Surty.

It has to finalise its investigation into the allegations within six weeks of its appointment.

The panel will directly report to Ramaphosa and is expected to produce a report containing suggestions for future actions based on their findings, as well as any potential protocol breaches, according to the Presidency.

‘Undermine investigation’

Following media reports, Ramaphosa allegedly intended to conceal the panel’s findings, the DA has confirmed that it was seeking legal advice to challenge the decision.

The party has already submitted a Promotion of Access to Information Act (PAIA) request to gain access to the panel’s terms of reference, which won’t be gazetted or published by government.

“Hiding this report from public view will rob the people of South Africa and of the world from the opportunity to see the full facts of this matter,” DA leader John Steenhuisen said in a statement.

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Steenhuisen said he believed that the concealment of the report would “undermine the ability of prosecutors and the public to hold guilty parties accountable for any such violations of the law”.

“Refusing to disclose the complete picture of how the ANC-led government allegedly smuggled weapons to arm Russia’s war in Ukraine and various parts of Africa will also undermine the very purpose of the investigation.”

The DA leader said failing to disclose the report’s findings could potentially cause further damage South Africa’s international standing because “it will create legitimate fears of a cover-up”.

Classified information

Steehuisen also accused Ramaphosa of wanting to protect his ANC government and Russia.

“The only logical reason for his sudden turn to secrecy is that Ramaphosa has realised that the report will confirm his government’s role in arming war criminals.

“Hiding the truth to protect the ANC at the expense, once again, of the people of South Africa, would amount to a violation of his oath of office.”

He added that “hiding the truth” could put the African Growth and Opportunities Act (AGOA) at risk.

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“Investors will shun South Africa, the Rand will fall further as inflation spirals, and 100 000 jobs could be lost.”

Presidency spokesperson, Vincent Magwenya told News24 the terms of reference would not be made public since the panel’s probe covered matters of “national security and classified information”, was protected from disclosure.

“The president will speak to any actions that may result with respect to national security. This is provided for within our secrecy laws as per the nature of this matter,” Magwenya said.

Scope of investigation

The panel has been tasked to identify individuals who may have had prior knowledge of the Lady R’s arrival and its supposed load.

It also has to identify the final destination of the cargo once it departed from Simon’s Town.

Moreover, the panel will assess whether all constitutional, legal, and other obligations were adhered to regarding the ship’s arrival, stay, cargo handling, and departure.

Additional reporting by Cheryl Kahla.