Corruption Dossier Received from Namibian Metals (Pty) Ltd

NATIONAL ASSEMBLY

FOR ORAL REPLY

QUESTION NO: 2 (WRITTEN QUESTION 1148)

PUBLISHED IN INTERNAL QUESTION PAPER NO 23 OF 5 AUGUST 2005

Mr D H M Gibson (DA) to ask the Minister of Foreign Affairs:

(1) Whether her department has received a 420 page dossier describing corruption, with prima facie evidence thereof, from Namibian Metals (Pty) Ltd if so, when;
(2) whether the Government has taken any action to follow up the issues raised in the dossier; if
not, why not; if so, (a) what steps and (b) when;
(3) whether the Government has a (a) bilateral investment promotion and protection agreement
with Namibia; if not, why not and (b) what measures are available to the Government to protect the property and investments of South African citizens in Namibia; if so, what steps will be taken to ensure that such an agreement will be finalised?
N1522E

REPLY:

(1) No, to date there is no record that the Department of Foreign Affairs has received a 420-page dossier from Namibian Metals (Pty) Ltd.

(2) Since there is no record of the aforementioned dossier, question 2 (a) and (b) does not apply.

(3) (a) South Africa does not have a bilateral investment promotion and protection agreement with Namibia. National Treasury is at present the responsible department involved in the current negotiation process with other Member States of the Southern African Development Community (SADC) to conclude a Finance and Investment Protocol that will, inter alia, protect the investments of citizens of Member States.

(b) As pointed out to you in my letter dated 25 June 2005, the Namibian High Court rejected in February 2004 an application by Namibian Metals (Pty) Ltd to declare a decision of the Namibian Government null and void. According to the records of the Department, Namibian Metals (Pty) Ltd has not as yet used all the available legal remedies within the Namibian legal system. In addition to this, your attention is drawn to the following section of my aforementioned letter:

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"Under the circumstances, the South African Government is not in a position to assist in the matter. The South African Government is precluded from expressing itself on a finding by a foreign court in a sovereign state, on the basis of the principle of sovereignty. In addition, on the basis of the principle of the separation of powers the South African Government also consistently refrains from commenting on judgements issued by any court, both domestically and internationally.

In addition, the South African Government cannot comment on unsubstantiated allegations against nameless persons, whether in South Africa or in a foreign country."

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2003 Department of Foreign Affairs, Republic of South Africa