Parliament's Ad Hoc Committee prepares to hear testimony from Paul O'Sullivan

While Parliament’s Ad Hoc Committee is eagerly anticipating the arrival of forensic investigator Paul O’Sullivan, who will appear on Tuesday and Wednesday, they also intend to write to the Speaker requesting an extension until March 6.

Parliament’s Ad Hoc Committee investigating allegations made by SAPS KwaZulu-Natal provincial commissioner, Lieutenant General Nhlanhla Mkhwanazi, met on Monday to discuss housekeeping matters, where it was revealed that the committee will be hearing from O’Sullivan.

O’Sullivan’s appearance before the committee had been a contentious one, with the committee ultimately writing to the office of the Speaker of the National Assembly, Thoko Didiza, requesting that she issue a summons for his appearance.

O’Sullivan had previously requested a virtual hearing owing to safety concerns, while also having some demands. The committee had been hesitant to acquiesce, with many MPs raising concerns about avoiding answering questions that O’Sullivan did not like.

On Monday, Didiza’s office said that she welcomed the committee following her guidance that further substantive engagement be pursued before resorting to the issuing of summonses.

“The Speaker is pleased that this approach has resulted in one of these witnesses availing himself to appear physically before the Ad Hoc Committee to testify, from Tuesday, without the need for summonses to be issued.

“The Speaker understands that engagements are continuing with another witness, Mr Brown Mogotsi. Should further engagement not yield the necessary outcome, the Speaker will be advised by the Ad Hoc Committee so that the issuing of a summons may be considered.

“The issuing of a summons is a serious legal measure and must remain an act of last resort. It cannot be invoked lightly or without meeting the strict legal requirements prescribed by law,” her office said.

“Issuing summonses prematurely or without proper procedural grounding risks undermining the credibility of Parliament’s processes and exposing them to avoidable judicial review.”

Meanwhile, O’Sullivan said that he had landed in South Africa from London, rejecting claims that he was fleeing accountability, “I am not in the business of fleeing, I am not a coward”.

During Monday meeting, evidence leader Advocate Norman Arendse SC, said that they are in regular contact with Mogotsi and “we are quite hopeful of resolution of that matter as soon as possible, and if we don’t by Wednesday, then we will indicate to you Honourable Chair, that it might be the case, through you, (we) request the Speaker to authorise a summons, and if necessary, a warrant, if he doesn’t comply”.

“He has regularly interacted with us, and the head of Parliamentary security,” Arendse said.

The committee also discussed seeking an extension of the committee until March 6, with a proposed revised timeline of witnesses, which included fellow MP, Fadiel Adams, O’Sullivan’s assistant, Sarah Jane-Trent, Lieutenant-General Khomotso Phahlane, Lieutenant General Tebello Mosikili, and Mkhwanazi.

The matter of an extension arose following concerns from Parliament’s calendar interrupting the committee proceedings. The Ad Hoc committee will take a break after Wednesday, as President Cyril Ramaphosa’s State of the Nation Address (SONA) is occurring on Thursday.

There will be no hearings next week as the SONA debate and SONA reply are scheduled from Monday to Wednesday. Thereafter, the tabling of the Budget by Finance Minister Enoch Godongwana is set for Thursday.

Committee Chairperson, Soviet Lekganyane, said: “Overwhelmingly, there is an agreement that there should be an extension, which we will write to the Office of the Speaker to request an extension, and then we will include those witnesses that have been proposed.”

Lekganyane also advised and requested fellow committee member and ANC Chief Whip, Mdumiseni Ntuli convene a ‘Chief Whips Forum’ to discuss some of the issues before the committee.

“I very much hold you in high regard as leaders of political parties. That you can meet between yourselves and discuss these matters, and help the committee to do its work. We don't doubt our commitment.

“We know that all of you have an interest in matters that affect and afflict the people of South Africa. You can go to that meeting and discuss, and (then) when we write to the Speaker, we incorporate your suggestion where you will be advising the Speaker accordingly to say, ‘this is what we think is a desirable deadline for the committee’,” Lekganyane said.

“I think it's a matter which I'm going to request very humbly and with due respect, that you go as the leadership of the political parties, and discuss this matter and advise the Speaker accordingly.”

theolin.tembo@inl.co.za