Independent panel completes investigation into Lady R’s Simon’s Town sojourn

The panel tasked with investigating the alleged loading of arms for Russia on to a Russian cargo vessel, the Lady R, has met its 18 July deadline to finalise its investigation, the Presidency confirmed on Tuesday.

The panel now has two weeks to work on its confidential report before submitting it to President Cyril Ramaphosa, Presidency spokesperson Vincent Magwenya told Daily Maverick.

Read more in Daily Maverick: Lady R in South Africa

The Presidency had earlier announced it would set up an independent inquiry, to be chaired by a retired judge, to investigate the allegations relating to the Lady R, which docked at Simon’s Town Naval Base in December 2022.

This was after the US ambassador to South Africa, Reuben Brigety, told journalists in May that Washington was “confident” that weapons were loaded on to the Lady R in a clandestine operation last December. 

Brigety’s accusations were catalytic and prompted International Relations Minister Naledi Pandor to démarche him.

According to a statement released by the Presidency, Ramaphosa had decided to set up an inquiry to look into the Lady R matter because of the seriousness of the allegations, the immense public interest and the impact of this saga on South Africa’s international relations.

Read more in Daily Maverick: Biden administration shares concerns of US Congress over SA’s perceived support for Russia

The panel was appointed by the President on 28 May, and the statement said it would finalise its investigation “within six weeks of its appointment”. This means, in calendar terms, it should have been done by Sunday, 9 July, provided there was no request for an extension.

But the panel only officially began its work on 6 June, Magwenya confirmed to Daily Maverick on Tuesday. This made the six-week deadline for concluding its investigation 18 July – a deadline that the panel has now met.

“They have two weeks to work on their report. Today [Tuesday] was the last day for them to receive evidence,” Magwenya told Daily Maverick.

The panel’s terms of reference have not been gazetted, and the work of the panel will not be made public, nor will its report be released publicly, TimesLIVE reported.

There has been mounting criticism from civil society groups and political parties about the government’s decision to keep the Lady R probe report confidential.

The DA earlier announced that it had submitted a Promotion of Access to Information Act (PAIA) application to obtain a copy of the panel’s terms of reference. The party’s shadow minister of defence, Kobus Marais, also submitted a PAIA application on 11 May, to seek details regarding the cargo that was loaded on to and off the Lady R.

The civil society organisations Open Secrets and the Organisation Undoing Tax Abuse have called on the government to make public the details surrounding the Lady R.

The three-person panel is chaired by the retired Deputy Judge President of the High Court in Johannesburg, Phineas Mojapelo. The other members are advocate Leah Gcabashe and former deputy minister of basic education Enver Surty.

The panel, according to the statement announcing its appointment in May, is tasked with establishing “persons who were aware of the cargo ship’s arrival, and, if any, the contents to be off-loaded or loaded”, along with the departure and destination of the cargo.

It will also “evaluate whether constitutional, legal or other obligations were complied with in relation to the cargo ship’s arrival, its stay, the loading or off-loading of its contents, and its departure”. DM