Key Takeaways:
- The ad hoc committee probing criminality, political interference, and corruption within the justice system has called for forensic investigator Paul O’Sullivan to appear before it in person.
- O’Sullivan has requested to testify virtually, citing security concerns, but MPs have stressed their preference for in-person testimony.
- The committee is racing against time to complete its work before the 20 February deadline, with several key witnesses yet to testify.
- There are concerns about the safety of witnesses, including alleged political fixer Oupa "Brown" Mogotsi, who has expressed unease about his legal representation and personal safety.
- The committee is considering expanding its focus beyond the police to include the judiciary and the National Prosecuting Authority (NPA).
Introduction to the Ad Hoc Committee’s Procedural Session
The ad hoc committee probing criminality, political interference, and corruption within the justice system held a procedural session on Monday to discuss its progress and plan for the remaining witnesses. The committee is racing against time to complete its work before the 20 February deadline, with several key witnesses yet to testify. Former Independent Police Investigative Directorate (Ipid) executive director Robert McBride and Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi are scheduled to give evidence this week, while forensic investigator Paul O’Sullivan and alleged political fixer Oupa "Brown" Mogotsi are expected to appear next week.
Concerns About Witness Safety and Testimony
The committee’s evidence leader, Advocate Norman Arendse, briefed MPs on the status of the witnesses, including Mogotsi, who remains uneasy about his legal representation and personal safety. Arendse also revealed that O’Sullivan, who is believed to be in the United Kingdom (UK), has requested to testify virtually, citing security concerns. However, this request has not been well received, as MPs have repeatedly stressed their preference for in-person testimony at the Good Hope Chambers in Cape Town. The committee is considering alternative mechanisms to secure O’Sullivan’s testimony, including appearing before a portfolio committee and submitting supplementary input to the final report.
Criticism of Paul O’Sullivan’s Reluctance to Testify
ANC MP Mdumiseni Ntuli launched a scathing attack on O’Sullivan, accusing him of disrespecting Parliament. Ntuli proposed that if O’Sullivan does not return to South Africa in time, the committee should explore alternative mechanisms to secure his testimony. Several MPs echoed calls for legal steps to compel O’Sullivan’s attendance, with MK party MP Sibonelo Nomvalo insisting that the committee must assert its authority when dealing with O’Sullivan. However, DA MP Glynniss Breytenbach warned that forcing O’Sullivan to return could have serious consequences, including the risk of assassination.
Calls to Expand the Scope of the Investigation
Earlier, Nomvalo urged the committee to expand its focus beyond the police, arguing that the judiciary and the National Prosecuting Authority (NPA) have not received adequate scrutiny. He also criticized the testimony of outgoing National Director of Public Prosecutions (NDPP) Shamila Batohi, who he said was an evasive witness who denied everything and pleaded ignorance to everything. Nomvalo argued that the committee has missed the opportunity to take matters deeper and that there is a need to broaden the scope of the investigation.
Next Steps for the Ad Hoc Committee
The committee is expected to continue its hearings this week, with McBride and Mkhwanazi scheduled to give evidence. The committee will also consider the request by parliamentary content adviser Nicolette van Zyl-Gous to set aside three separate days to hear public submissions from individuals and civil society organisations. The committee’s evidence leader, Advocate Arendse, will also provide updates on the status of the witnesses and the progress of the investigation. As the committee races against time to complete its work, it remains to be seen whether O’Sullivan will ultimately appear before the committee in person or whether alternative mechanisms will be used to secure his testimony.