Parliament denies Speaker blocked witnesses from police investigation

By Everson Luhanga

  • The Ad Hoc Committee is looking into claims made by KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi against police officers.
  • Paul O’Sullivan and Brian Mogotsi both raised safety concerns and have cooperated through written statements and virtual engagements.

Parliament has hit back at claims that the Speaker is protecting witnesses from appearing before a committee investigating serious police allegations.

The Ad Hoc Committee is probing claims made by KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi. Media reports suggested the Speaker blocked Paul O’Sullivan and Brian Mogotsi from being summoned.

Parliament says this is not true and misrepresents the Speaker’s legal role.

According to Parliament, the Speaker must ensure committees act within the Constitution and the law. A summons can only be issued if a witness refuses to appear without sufficient cause.

In O’Sullivan’s case, Parliament says he never refused to appear. He applied to testify virtually, which the committee’s own rules allow in exceptional cases.

O’Sullivan is currently outside South Africa and raised concerns about his personal safety. He also offered to testify from a South African embassy, as long as the location was not made public for security reasons.

The Speaker found no evidence that the committee properly considered these reasons before requesting a summons. Parliament warns that issuing a summons without following the rules could expose its work to court action.

O’Sullivan has already cooperated by giving a written statement and engaging virtually with evidence leaders.

In Mogotsi’s case, Parliament says he raised concerns about his safety and asked that security measures be considered before appearing. He has also cooperated through virtual engagements.

The Speaker has asked the committee to formally consider both men’s concerns, record its decisions and show how those decisions were reached.

Parliament says this protects the credibility of Parliament, not individuals.

Pictured above: Parliament building in Cape Town. 

Image source: Cape Town Green Map

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