Tensions over potential conflicts of interest continue to linger in Parliament’s Ad Hoc Committee investigating the allegations made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi.

The uMkhonto we Sizwe Party’s (MKP) Sibonelo Nomvalo weighed in on the conflict of interest matter that delayed proceedings on Tuesday by an hour, but first arose during the first week’s hearings.

The delay was due to Lieutenant-General Shadrack Sibiya’s reluctance to answer questions from MKP member David Skosana.

Skosana, along with Democratic Alliance (DA) MP Lisa-Maré Schickerling, are a complainant in cases involving charges laid against Sibiya and suspended police minister Senzo Mchunu.

These charges stemmed from General Mkhwanazi’s media briefing on 6 July and subsequently led to a search and seizure operation at Sibiya’s premises last week.

Earlier this week, the committee sought legal advice from the Speaker’s office to clarify whether MPs involved in those cases could continue participating in the parliamentary hearing.

In a statement issued Thursday, the committee confirmed the legal opinion stated:

“… in the circumstances, we hasten to opine that the cases that were opened by the affected members before the initiation of the subject enquiry, do not exhibit bias or give rise to a reasonable apprehension thereof.”

It further noted that a reasonable observer, “If aware of these cases, would consider that they were registered before the commencement of the committee hearings. Such observer would also be aware of the fact that the cases were registered, not in the context of the enquiry, but in the context of apparent contradictory versions made by Mr Mchunu, MP, both in the public domain and before a committee of Parliament regarding his association with Mr Brown Mogotsi. Moreover, it is the National Prosecuting Authority that will determine whether there are any prospects of success in prosecuting the said cases.”

The committee also addressed separate legal advice obtained by the DA.

The DA’s legal opinion found no reason for their MP Dianne Kohler-Barnard to recuse herself from the committee.

“The committee was further informed about legal advice obtained by the Democratic Alliance (DA), which found there is no basis for committee member Dianne Kohler-Barnard to excuse herself or be removed from the parliamentary inquiry into allegations of corruption in the criminal justice. The DA sought the legal opinion after Lt Gen Mkhwanazi accused Ms Kohler-Barnard of disclosing classified intelligence information at the parliamentary inquiry and the Malanga Commission, an allegation she has denied,” the committee statement said.

“Committee member Adv Glynnis Breytenbach said the conclusion reached by the legal advice was that there was no factual basis to conclude that Ms Kohler-Barnard was biased, conflicted and could not participate in the inquiry. She has been under pressure from several committee members to recuse herself from its proceedings.”

Nomvalo stated that Parliament’s legal opinion has settled the matter. He rejected the DA’s separate legal advice, stating:

“Because in principle we must use one legal service and the parliamentary legal service must take precedent in this regard, because we are doing the work of the parliament here.

“We must never be partisan. If you say that there are legal disputes within the committee, and that parties must outsource their legal opinions, then we’ll come here with different legal opinions because legal experts interpret the law in different ways.

“Then they don’t use a similar approach, and they don’t use a similar understanding. I’m a lawyer by profession, so I know that for a fact. We are actually opening a can of worms if you allow parties to go and outsource their legal opinion,” Nomvalo said.

He added that, despite their MKP affiliation, MPs are under oath when conducting parliamentary work.

“We said even though we strongly believe that we come from the MK party, we represent the aspirations and aims and objectives of the MK party, but the fact of the matter is that when we’re here, we’re under oath.

“We took an oath. We’re doing parliamentary work and therefore we must subject ourselves to the behest of parliament,” he said.

Nomvalo criticised the DA’s approach: “It’s irresponsible to say, as a party, we are going to consult our own legal expert. We have confidence in a legal opinion that talks about the issue that relates to our member, Honourable David Skosana, but we have an issue with the legal opinion of the DA because it does not accord with the espoused principle in the operations of this committee,” he said.

He was referring to DA MP Kohler-Barnard, who had briefly switched to attending the inquiry virtually after being accused by Mkhwanazi of leaking classified information to both the inquiry and the Madlanga Commission—an accusation she has denied.

Initially, there were calls for Kohler-Barnard to recuse herself.

At the time, DA MP Ian Cameron said, “We have sought legal counsel, and we’ll get the relevant feedback, and then the party will guide us on what the decision is.”

Kohler-Barnard, who is the DA’s spokesperson on state security, has since resumed attending the committee hearings in person.

Nomvalo warned against conflating two separate issues—the one involving Skosana and the other involving Kohler-Barnard.

“Another mistake that we must not make here is that of wanting to conflate the merits between the two issues that were subjected to a legal opinion. The issue of Honourable Skosana is way different from the issue of Honourable Kohler-Barnard.

“Kohler Barnard has been implicated by the main complainant here, Lieutenant General Mkhwanazi.

“Honourable Skosana has never been implicated. He is not an implicated witness,” Nomvalo said.

He explained that Sibiya’s discomfort stemmed from Skosana opening a case against him, meaning they could both appear in court in opposing roles.

“Those are two different issues; being implicated in serious issues that relate to getting information that is classified versus being implicated on the basis that you opened the case. Those are two separate issues, and those are two different things that we must never even attempt to conflate because they are not similar,” Nomvalo said.

“The merits are not similar.”

In a separate development, Kohler Barnard released a statement on Thursday following President Cyril Ramaphosa’s suspension of the Inspector-General of Intelligence (IGI), Imtiaz Fazel.

She described the timing as deeply concerning:

“Now, as the Madlanga Commission hears testimony of a ‘captured’ criminal justice system and as an Ad Hoc Committee probes corruption in the SAPS, the independent official tasked with overseeing our intelligence services is suddenly removed from his post.

“A disturbing pattern is emerging. Every credible person or entity, such as Investigating Directorate Against Corruption (IDAC), the Inspector-General of Intelligence (IGI) and Independent Police Investigative Directorate (IPID), tasked with investigating the conduct of the National Commissioner of Police and the KwaZulu-Natal Provincial Commissioner, finds themselves under attack and discredited,” she said.

theolin.tembo@inl.co.za

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