By IPS Correspondents
PRETORIA, Nov 26 1994 (IPS)

COUNTRIES WHICH BROKE A U.N. ARMS EMBARGO IMPOSED AGAINST SOUTH AFRICA DURING THE APARTHEID ERA MAY BE EXPOSED ON MONDAY FOLLOWING A RULING THAT SECRET DOCUMENTS ON THE INDUSTRY CAN BE MADE PUBLIC.

THE CAMERON COMMISSION, HEADED BY ACTING JUDGE EDWIN CAMERON, TURNED DOWN AN APPLICATION BY THE SOUTH AFRICAN NATIONAL DEFENCE FORCE AND THE MINISTRY OF FOREIGN AFFAIRS FOR INFORMATION ON SOUTH AFRICA’S ARMS TRADING PARTNERS TO BE KEPT SECRET.

THE COMMISSION IS HEARING EVIDENCE ON SECRET ARMS SHIPMENTS TO YEMEN, IN DIRECT CONTRAVENTION OF THE SOUTH AFRICAN GOVERNMENT POLICY.

AFTER MAKING THE LANDMARK RULING, THE COMMISSION AGREED PUBLIC DISCLOSURE OF THE CONTENTIOUS DOCUMENTATION WOULD BE SUSPENDED UNTIL MONDAY TO GIVE PARTIES SEEKING NON-DISCLOSURE TIME TO DECIDE WHETHER TO APPEAL.

IN HIS RULING FRIDAY, JUDGE CAMERON SAID THE PUBLIC’S RIGHT TO KNOW AND THE CONSTITUTION’S PROVISIONS FOR OPENNESS WERE MORE IMPORTANT THAN ANY POSSIBLE EMBARRASSMENT THAT DISCLOSURE COULD CAUSE.

“THE RIGHT OF THE PUBLIC TO EXAMINE THE PAST IS INTRINSIC IN THE CONSTITUTION. THE ARGUMENT WE HAVE HEARD THAT THERE IS DANGER OR RISK TO INTERNATIONAL TRADE RELATIONS OR BILATERAL RELATIONS IS NOT PERSUASIVE.”

HE SAID ANY EMBARRASSMENT THAT WOULD STEM FROM DISCLOSURE “WOULD BE TO THE SEEMINGLY MANY COUNTRIES WHICH HAD DEALT WITH PRE-TRANSITIONAL SOUTH AFRICA DESPITE THEIR PROTESTATIONS TO THE CONTRARY IN DEFIANCE OF THE UNITED NATIONS (ARMS) EMBARGO”.

THE MINISTRY OF FOREIGN AFFAIRS APPLIED ON TUESDAY FOR PART OF THE JUDICIAL PROBE INTO ARMS DEALS TO BE HELD IN SECRET, SAYING SOME DISCLOSURES COULD JEOPARDISE FOREIGN AID.

THE MINISTRY MADE THE APPLICATION JOINTLY WITH THE DEFENCE FORCE. THEY ARE AMONG PARTIES TO THE INQUIRY BY CAMERON INTO DEALS BY THE SOUTH AFRICAN GIANT ARMS MANUFACTURING COMPANY, ARMSCOR, SINCE FEBRUARY 1990.

POLITICAL OBSERVERS SAY CAMERON’S RULING IS A VICTORY FOR MANY INDIVIDUALS AND HUMAN RIGHTS ACTIVISTS, WHO PRESENTED SUBMISSIONS ARGUING THAT THE ARMSCOR HEARINGS SHOULD BE OPEN.

Excerpt: