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MK Party: Kohler Barnard cannot be both referee and player in Mkhwanazi inquiry

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The uMkhonto weSizwe Party (MK Party) has called for the immediate recusal of Democratic Alliance (DA) MP Dianne Kohler Barnard from the Ad-Hoc Committee investigating explosive allegations made by KwaZulu-Natal police commissioner, Lieutenant General Nhlanhla Mkhwanazi, into the criminal justice system.

According to the MK Party, Kohler Barnard’s continued participation in the committee is “untenable, unethical and an insult to the principles of parliamentary integrity and impartiality” due to the fact that she was directly implicated in Mkhwanazi’s sworn statement to the committee.

Last month, the Ad Hoc Committee was embroiled in a heated debate over whether Kohler-Barnard should recuse herself. The controversy stemmed from Mkhwanazi’s public accusation at the Madlanga Commission of Inquiry that Kohler-Barnard had disclosed classified crime intelligence information , an allegation she has strongly denied.

The party said her presence presents an “inescapable” conflict of interest and raises the “apprehension of bias”.

MK Party spokesperson Nhlamulo Ndhlela said it defied logic and fairness that “a person named in serious allegations before the very committee she sits on can presume to act as both referee and player.”

He warned that such conduct undermines public confidence in Parliament’s oversight role and risks turning the inquiry into “a political farce”.

Ndhlela added that Kohler Barnard must “step aside and submit herself to the appropriate processes as a witness, not as a judge over her own case.”

He argued that the DA, which has 87 Members of Parliament, cannot reasonably claim that her recusal would affect the party’s representation.

“The DA must choose between defending the integrity of Parliament or protecting one compromised member,” Ndhlela said.

The MK Party also warned that Kohler Barnard’s refusal to recuse herself would expose the committee to “legitimate legal challenge and public condemnation,” saying the inquiry cannot afford to be “discredited or derailed by perceptions of bias and conflict of interest.”

In addition to her recusal from the Ad-Hoc Committee, the party announced it would be writing to the Speaker of the National Assembly to request Kohler Barnard’s immediate suspension from the Joint Standing Committee on Intelligence.

This, it said, was necessary pending an investigation into what it called the “grave allegations” against her.

“The MK Party remains steadfast in defending the integrity of parliamentary institutions and will not stand idle while accountability is sacrificed at the altar of political expediency,” Ndhlela said.

“Parliament must not be a sanctuary for the implicated, but a platform for truth and transparency.

During the ad hoc committee’s discussion on Tuesday, pressure was placed on Kohler Barnard and her party to excuse her or for the DA to replace her as an alternate member on the committee. The DA undertook to provide feedback at Wednesday’s sitting.

DA MP Ian Cameron told the committee that Kohler Barnard was not physically present, though she was following proceedings virtually.

“We decided Dianne Kohler-Barnard will not be in physical attendance today to allow the committee to continue with their work,” Cameron said.

However, Cameron indicated that there were no plans for her to recuse herself.

“We asked for legal opinion on the matter. We will give relevant feedback,” he said. 

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