MPs in Mkhwanazi ad hoc hearing to tackle issue of conflict of interest



Parliament’s Ad Hoc Committee investigating allegations made by the South African Police Service’s KwaZulu-Natal Provincial Commissioner, Lt Gen Nhlanhla Mkhwanazi, are set to tackle the persistent issue of conflict of interest when they meet on Wednesday.

The issue first arose on Monday when proceedings were delayed for over an hour after suspended deputy police commissioner, Lieutenant-General Shadrack Sibiya, raised the issue of conflict of interest.

MPs from uMkhonto weSizwe Party (MKP) and the DA, who are part of the committee, are complainants in criminal cases lodged in the wake of Mkhwanazi’s July 6 briefing. The cases led to the search and seizure raid on Sibiya last week.

The MPs heard that the terms of reference of the ad hoc hearing do not empower them to make any decision on conflicts of interest.

“The only recourse is to write to the Speaker and alert that office of matters that have arisen,” chairperson, Soviet Lekganyane, said.

Sibiya agreed to proceed with the hearings, but he did so in protest as he would be “participating in a process that is tainted”.

Soviet Lekganyane, Chairperson of the Parliament Ad Hoc Committee investigating allegations made by SAPS KwaZulu-Natal provincial head, Lieutenant General Nhlanhla Mkhwanazi.

The Economic Freedom Front’s Leigh‐Ann Mathys said that there is no independent member of Parliament, as “we are a political party democracy”.

“The things that we do, we do it on behalf of our political party. The next thing that we are going to have is that when we have (President) Cyril Ramaphosa here, that the EFF or the Commander-In-Chief (Julius Malema) must recuse himself, as we have case against him in the Constitutional Court, that’s where we are heading.”

Mathys added that even if the MPs take a decision on recusal, it doesn’t mean that a fellow member from their party won’t present the same matter and asking the same questions.

“There is nothing in both our rules of Parliament, and both in this ad hoc committee, that says members, or gives us as a committee (instruction) to recuse themselves…”

The issues persisted on Tuesday when Sibiya voiced his hesitancy to answer questions from the MKP’s David Skosana, who was identified as one of the complainants in the case. The MKP raised an issue as they said that Skosana had lodged the case on behalf of the MKP as a whole.

Lekganyane ended up advising Sibiya that “to protect your rights, I will advise you to decide if you want to respond to the question or not”.

“If a question is asked to you, you can decide if you want to respond to it or not.”

Sibiya asked what would happen if he didn’t want to answer Skosana’s questions at all, to which Lekganyane said that that was not possible, and that he would have to allow the MP to ask his question.

ANC Member of Parliament, Khusela Sangoni-Diko, said that she feels the MPs are constrained by the fact that the rules are silent on the matter, but she is sure it will be a recommendation that they will take forward in the aftermath of the hearing.

“As important as it is for us to address the issue of conflict, or perceived conflict, it is just as important for us to protect the integrity of the proceedings. That is why we have agreed with the recommendation that came from the chief whip of the ANC, let’s seek a legal opinion on the matter, let us engage with the Speaker of the National Assembly, and hopefully within that we’ll be able to find a solution.”

Sangoni-Diko added that while the DA has withdrawn the participation of their members, “we would obviously have to look at what was some of the reasoning behind that, and why it is that MK feels that they should take a different approach”.

Sangoni-Diko, an MP part of the Ad Hoc Committee probing the allegations of police corruption and interference.
Members of Parliament David Skosana, Sibonelo Nomvalo and Thulani Shongwe, who represent the MKP on the committee probing the allegations Mkhwanazi made of police corruption and interference.

The MKP’s Thulani Shongwe said that part of the problem is the lack of clarity in the Constitution, and that it does not have clear mandates.

He said that some of the other issues they are hoping to raise on Wednesday are the issues of alternate members, and their voting powers, and the legal teams as Advocate Norman Arendse SC “is sometimes giving us advice, and sometimes he is not giving us advice, he is the evidence leader, so they contradict themselves”.

Sangoni-Diko added that they seek to finalise the rest of their witness list, and that they have two witnesses left being, suspended Police Minister Senzo Mchunu and his predecessor, Bheki Cele.

“I think the testimony we have been hearing over the last week or so really gives us good grounding for us to decide who else we should we calling”.

theolin.tembo@inl.co.za



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