DA's Kohler-Barnard defies calls to step down amid intelligence leak claims

Democratic Alliance MP Dianne Kohler-Barnard is not quitting the Ad Hoc Committee yet, but her party is seeking legal advice after she was accused of divulging classified information by KwaZulu-Natal police commissioner, Lieutenant-General Nhlanhla Mkhwanazi.

This was revealed by DA MP Ian Cameron at the start of Wednesday's proceedings of the parliamentary inquiry into allegations made by Mkhwanazi at a press briefing in July.

The provincial commissioner accused Kohler-Barnard of disclosing classified intelligence information at both the parliamentary inquiry and Madlanga Commission, an allegation she has denied.

During the committee’s late night discussion, pressure was placed on her and her party to excuse herself or the DA should replace her as an alternate member to the committee.

The DA had undertaken to give feedback on the matter at Wednesday’s proceedings.

Cameron told the committee that Kohler-Barnard was not in attendance as she followed the proceedings virtually.

“We decided Dianne Kohler-Barnard will not be in physical attendance today to allow the committee to continue with their work,” he said.

Cameron indicated that no one would be recused or planned to do so.

“We asked for legal opinion on the matter. We will give relevant feedback,” he said.

Committee chairperson Soviet Lekganyane said they would not discuss the matter because Kohler-Barnard was not present.

“Let’s do the business. Our business is not honourable Kohler-Barnard. Our business is to investigate the allegations that have been made,” Lekganyane said.

“Because today she is not here we can’t discuss that matter now. We must go straight to our proceedings,” he added.

Lekganyane also asked the MPs to go through section 165 of the parliamentary rules so that they know what the provision says.

“The provision of that section will help us deal with this matter,” he said.

Section 165 refers to information that reflects on the integrity of members.

“If any information reflecting upon the integrity of an Assembly member comes before a committee, the committee may not proceed upon that information, but must report it to the Speaker without delay,” reads the rule.

During a discussion late on Tuesday night, ANC chief whip Mdumiseni Ntuli said they had the responsibility to safeguard the integrity and reputation of the committee and Parliament.

“We place it formally as the ANC that it is our considered view that the member, honourable Kohler-Barnard and the party she represents, must properly reflect on this reality and act in the manner that protects the integrity of this process and Parliament in general,” he said.

MK Party MP David Skosana said his party has previously asked Kohler-Barnard to recuse herself.

“We are here today and the general has given the context of what exactly happened,” Skosana said. “Let the honourable member do the noble thing and recuse herself,” he said.

Skosana’s colleague Sibonelo Nomvalo said Kohler-Barnard’s continued presence compromised the committee.

“It can’t be a matter of choice for the DA,” Nomvalo said about a police officer testifying under oath about allegations against a member of the committee.

“If the DA has conscience by now we should not be discussing this issue,” he added.

But, Cameron had stated that his party was to discuss the matter and give feedback.

“I can tell you where we stand - no one is going to recuse themselves,” he said.

ActionSA's Dereleen James said the DA needed to field someone in place of Kohler-Barnard until she was cleared while Patriotic Alliance MP Ashley Sauls said there was a conflict of interest as there was an allegation against Kohler-Barnard.

EFF leader Julius Malema warned against the temptation to want to make a determination on representatives of other parties.

“I am pleading with you not to fall into the temptation to do things that are unconstitutional. This is proportional democracy, members raised issues and the public listened to them. The party she represents heard and she will make a determination,” Malema said.

Cape Times