Parliament's Mkhwanazi Committee debates whether President Cyril Ramaphosa should appear before it

Parliament’s Ad Hoc Committee investigating allegations made by SAPS KwaZulu-Natal provincial commissioner, Lieutenant General Nhlanhla Mkhwanazi, spent most of its meeting on Monday debating whether President Cyril Ramaphosa should appear in person before the committee or submit an affidavit.

The committee met to discuss and finalise housekeeping matters, as time speedily moves towards the 20 February deadline for the committee.

The meeting follows last week’s hearing, where several civil society organisations and members of the public appeared to give presentations and evidence to the committee that spoke to political interference and inefficiencies within the current legislation.

Tuesday’s hearing will resume with the appearance of four witnesses, Mr Xolile Mashukuca, Mr Pilasande Dotyeni, and two others who wish to remain anonymous.

Most of the hearing on Monday, however, saw the committee rehash the matter of forensic investigator Paul O’Sullivan and North West businessman Brown Mogotsi. Both of whom had raised concerns about security reasons behind their unwillingness to appear before the committee.

The MPs had previously resolved to write to the Speaker of Parliament, Thoko Didiza, to subpoena both witnesses.

In her response to the committee on the O’Sullivan matter, she said: “I am advised that the jurisdictional facts that must be present before I may concur with the issuing of a summons is a failure or refusal by a witness, without sufficient cause, to appear before the Committee.

“In the premises, I am loath to grant concurrence in circumstances where there is an absence of demonstrable proof that the committee has indeed engaged with Mr O'Sullivan's reasons regarding his application to appear before the committee virtually,” Didiza said.

In the matter of Mogotsi, Didiza said: “I am disinclined to grant concurrence in circumstances where there is an absence of demonstrable proof that the committee has indeed engaged with Mr Mogotsi's personal security proposals regarding his anticipated physical appearance before the committee.”

She encouraged the committee to meet and discuss a way forward, which saw the members again debated the matter on Monday.

While avoiding private safety protocol being leaked, the members heard from Lieutenant-General Samson Shitlabane, head of security services for Parliament, who said that they are quite comfortable that “all the measures needed to be taken care of for all the witnesses to appear before the committee have been taken care of”.

The committee then resolved to forge ahead on their previously established stance and subpoena O’Sullivan and Mogotsi to appear in person.

However, most of Monday’s meeting also saw the committee debate whether President Cyril Ramaphosa should appear before the committee or if he should submit a written affidavit.

Committee chairperson, Soviet Lekganyane said: “We will request the legal team to go and compile that list of questions, and then also request (for) the parties to forward the questions they have to the legal team.

“The procedure may be that before the questions are sent out, the legal team will have to circulate them with their committee, to see what is being asked, and if the committee is satisfied that the questions (asked) represent what it desires to be raised with the president,” Lekganyane said.

“In the event a response comes, and as Honourable (Ashley) Sauls has suggested, the committee is not happy with the responses that would have been given, then the committee reserves the right to decide on any further action.”

The committee’s schedule this week will also include Samuel Ramalepe and two other SAPS officers on Wednesday, followed by the return of former Acting Police Commissioner Khomotso Phahlane, who will answer questions from the MPs on Wednesday and Thursday.

The committee will also grill fellow MPs Diane Kohler Barnard and Fadiel Adams, but the day of their appearance will be subject to which suits the members and the MPs' schedules.

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