On Thursday, DA deputy chief whip Bax Nodada opened a case at Cape Town’s Caledon Square Police Station, citing a breach of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, which criminalises deliberately misleading Parliament.
Denial of links to Mogotsi
The charges come from Mchunu’s statement during a sitting of the police portfolio committee in March. When he was asked by DA MP Andrew Whitfield whether he knew Mogotsi. Mchunu replied: “I don’t know this person.”
That denial has since been contradicted by Mchunu himself. In a statement issued on Wednesday where he said he knew Mogostsi as a comrade and not an associate.
“The minister has never requested or received anything from him,” the minister said in a statement.
The DA said this amounts to a wilful lie to a constitutional institution. It has also asked Parliament’s Joint Committee on Ethics and Members’ Interests to investigate the minister’s conduct. The party is also expected to table a motion for a parliamentary inquiry once the National Assembly resumes its sitting.
At the centre of the controversy is Mogotsi’s alleged involvement in politically sensitive police matters in KwaZulu-Natal. According to damning testimony presented by provincial police commissioner Lieutenant General Nhlanhla Mkhwanazi on Sunday, the former was able to exert influence on senior police operations and was known to provincial leadership as a politically connected figure with access to high-level officials.
Anti-political killings task team
Mkhwanazi also claimed that the disbandment of the provincial anti-political killings task team in December 2023 was decided unilaterally by the national office, without any input from KwaZulu-Natal SAPS leadership. The task team had been probing a number of politically motivated killings in the province. These include the murders of councillors and whistle-blowers.
The DA said it believes Mogotsi’s proximity to Mchunu and his involvement in police matters raise serious concerns. These concerns are about political interference in the SAPS and a breakdown in the chain of command between national and provincial policing structures.
Under Section 27(1)(b) of the Powers and Privileges Act, any person who wilfully provides false or misleading information to a House or parliamentary committee is guilty of an offence punishable by a fine or up to two years in prison.
The DA maintains that enforcement is critical to safeguarding the legislature’s credibility.
In a statement, the party said: “Ministers must be held to the same standard as every other citizen. Parliament’s oversight role must be protected.”
MK Party lays criminal charges
DA’s court application follows that of the uMkhonto weSizwe (MK) Party. The MK Party also laid a criminal case against Mchunu, along with Deputy National Commissioner Shadrack Sibiya. That case was opened at the Durban Central Police Station.
MK Party claims the disbandment of the task team was politically motivated. Also that national police leadership is using its authority to protect certain individuals from investigation and prosecution. The party has called for both Mchunu and Sibiya to be placed on special leave pending the outcome of independent investigations.
The police ministry has maintained that all decisions around task teams were made in line with operational requirements. It has denied any improper conduct.
Mchunu is the second GNU minister under public scrutiny in recent days. Higher Education Minister Nobuhle Nkabane is facing her own storm after four individuals listed as members of a Seta board selection panel denied any involvement. The DA has laid charges in that matter as well, citing possible fraud.
