The parliamentary inquiry probing serious allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi is set to resume next week, with a line-up of significant witnesses taking the stand, including University of KwaZulu-Natal Professor Mary de Haas and four senior police officials.
The inquiry halted its proceedings on Thursday after Cedrick Nkabinde, who is the chief of staff of suspended Police Minister Senzo Mchunu, gave conflicting evidence during his testimony.
The Ad Hoc Committee announced that De Haas will kick off the testimonies on Tuesday.
This will be followed by Deputy National Commissioner Tebello Mosikili on Wednesday, Head of Procurement General Molefe Fani on Thursday, and CFO Puleng Dimpane on Friday.
Lieutenant-General Khosi Senthumule will provide his testimony on November 25, while Vusimuzi “Cat” Matlala, who stands accused of attempted murder, is scheduled for hearings spanning November 26 to 28.
The witnesses without dates yet are forensic investigator Paul O’Sullivan, Ekurhuleni Metro Police Chief Julius Mkhwanazi, Crime Intelligence boss Dumisani Khumalo, and Patricia Mashale.
Although ANC-aligned businessman Brown Mogotsi was scheduled to appear before the committee, he is set to appear at the Madlanga Commission of Inquiry.
Ad Hoc Committee Chairperson Soviet Lekganyane said Senthumule was given the opportunity to appear after making a request when his name was mentioned by IDAC head Advocate Andrea Johnson.
Lekganyane said Chief Evidence Leader, Advocate Norman Arendse, was making arrangements with the legal team to have a virtual consultation with Matlala.
Parliament’s security had been to Kgosi Mampuru Maximum Prison, where Matlala is detained, to make an assessment on whether the committee can go and conduct its hearing there or conduct a virtual hearing.
The Ad Hoc Committee heard that both Matlala and Mogotsi were making demands ahead of their appearance.
Matlala did not want to be transported by the police to Parliament, while Mogotsi asked for his security to be beefed up.
The Ad Hoc Committee has made a request to National Assembly Speaker Thoko Didiza, asking for an extension to complete its work.
Lekganyane said the activities of the committee will be informed by the outcome of the letter written to the speaker.
In its report prepared for Didiza, the committee identified several additional witnesses whose evidence was expected to be central to the inquiry.
“These individuals are currently being consulted by senior counsel and the legal team prior to their appearance before the committee.”
It also said it must still consider the public submissions in conjunction with the presentation of oral evidence from identified submitters.
Meanwhile, all parties, except one, have accepted the legal opinion on the continued participation of DA MP Diane Barnard-Kohler at the parliamentary inquiry.
Kohler-Barnard was accused of disclosing classified intelligence information, an allegation she has denied.
She has been under pressure from the ANC, MK Party, the Patriotic Alliance, and ActionSA to excuse herself or be removed.
Briefing the committee, parliamentary legal advisor Andile Tetyana said Kohler-Barnard participated in the committee as an alternate member.
Tetyana said no information has been placed before the committee that justified the inference that Kohler-Barnard has determined the outcome of the inquiry probing allegations made by Mkhwanazi about alleged corruption, political interference, and the infiltration of criminal syndicates in the criminal justice system.
“Neither have we observed nor been privy to any evidence that indicates that the affected member has made up her mind in relation to the subject matter.
“We say on any disproportionate review of the proceedings thus far, the affected member has not displayed conduct that demonstrates that she has prejudged the matter and that her mind is closed to any submissions or evidence to the conduct, which, in our view, that ultimately is the test for bias or the reasonable apprehension thereof.”
Tetyana also said they were not aware of any reason for Kohler-Barnard to withdraw from the inquiry other than from the proceedings of the committee at the commencement of the engagement on the allegations related to classified information.
He, however, said when faced with the issue of recusal, the MP should consider her conscience and decide whether she was indeed biased or had given the impression to the reasonable observer that she was biased.
“If it is so, she should recuse herself. The rules of the National Assembly are silent on the recusal of a member,” he added.
