Donen report clears Motlanthe, Sexwale

Kgalema Motlanthe (Image: GCIS)

This is according to the findings of the Donen Commission of Inquiry tasked with investigating allegations that top ANC officials had been cutting oil deals with Saddam Hussein's government, thereby contravening the UN sanctions.

The Oil-for-Food programme, which has been shrouded in much controversy, was established by the United Nations in 1995. It was set up with the purpose of allowing Iraq to sell oil on the world market in exchange for food, medicine and other humanitarian needs for ordinary Iraqi citizens without allowing that country to boost its military capabilities.

Commission established

This was in line with the UN-imposed sanctions against Iraq after the Gulf War of 1990, which was in retaliation for Iraq's invasion of Kuwait.

A commission headed by advocate Michael Donen, was then established in 2006 by former president Thabo Mbeki to look into the allegations. However, Mbeki had refused to make the report public pending advice from the chief state law adviser and due to the report's incompleteness, among other reasons.

Tokyo Sexwale (Image: GCIS)

The commission found no evidence that Motlanthe, Sexwale and Nogxina contravened any South African law.

The report states that Motlanthe, who was at the time the secretary-general of the ANC, had intervened with the authorities in Iraq in order to ensure that they adhered to the decisions and rules determined by the UN Security Council's Oil-for-Food Programme.

With regards to Nogxina, the report found that he made a valuable contribution to the Commission's work, that no blame could be attached to the director-general and that "his personal involvement as a participant in illicit activities was so remote as to not even warrant any consideration of his culpability or otherwise".

In the case of the minister of human settlements, the commission "exonerated Sexwale from liability as a participant in illicit activities".

The report also states that the late Sandile Majali had undertaken to pay the surcharge to the Iraqi authorities, contrary to the UN programme; that it seemed he had only made partial surcharge payments and that again, there was no evidence that he had acted contrary to any South African laws.

Opposition parties have been questioning Jacob Zuma's timing in releasing the report, especially with next year's ANC elective conference.

Zuma's spokesperson Mac Maharaj said the president had decided to release the report publicly in recognition of the public interest in the subject matter.

"It is hoped that the release will end the gossip, speculation, misconceptions and misperceptions," Maharaj said.