The parliamentary ad hoc committee probing KwaZulu-Natal top cop Nhlanhla Mkhwanazi’s allegations has decided to continue its proceedings in the presence of conflicted members of parliament, pending legal advice and intervention from National Assembly Speaker Thoko Didiza.
This means that suspended Deputy National Police Commissioner for Crime Detection Lt-Gen Shadrack Sibiya will give his testimony while uMkhonto weSizwe (MK) Party MP David Skosana remains present. Democratic Alliance MP Lisa-Mare Shickerling, however, has already been withdrawn from the session.
Conflict of interest
Sibiya’s lawyer had asked the committee to exclude both Skosana and Shickerling from questioning Sibiya, arguing that they had opened criminal cases against him following the July 6 statement by Mkhwanazi.
Evidence leader Norman Arendse SC said the two having opened cases against Sibiya and others may have a conflict of interest. He said this was carried in documents that have been submitted by Sibiya’s legal counsel.
Responding to the question raised by chairperson Soviet Lekganyane on whether a person who opened a case should not participate in questioning, Arendse said it is a matter of fundamental fairness.
He said the matter should have been discussed prior, considering that MPs might have had their opinions after hearing the July 6 statement.
“This committee must make findings of fact and make recommendations to the National Assembly. I think there is an even higher duty on an honourable member of parliament sitting in this committee to observe the rules of fairness,” said Arendse.
Skosana representing own party not self
MK Party MP Sibonelo Nomvalo disputed that Skosana should not sit in during Sibiya’s question, arguing that he was sent by the party to open a case and did not open it in his personal capacity.
He emphasised that the argument stated might mean that the MK Party should then not participate in the committee.
Nomvalo expressed disappointment in Arendse for not giving a solution to the matter but rather referring to the details of why the cases were opened.
He claimed that it should be made clear if the matter is a conflict of interest so it may be argued from that point, saying that Arendse does not offer even legal advice in matters like this.
“We have said, even on the question of conflict of interest, it does not arise at this point because Skosana is not a witness before this committee. He went to the police on behalf of the MK Party.
“Not on behalf of his family, not on his behalf, not on behalf of his company, but on behalf of the MK Party to lay charges against general Sibiya. If you say on that basis he must be recused, it means you are saying the MK Party must be recused,” said Nomvalo.
He said removing Skosana from the committee based on the reason that he opened a case against Sibiya would mean that he is being blocked from his oversight role.
