Paul O'Sullivan returns to SA for much-anticipated Parliamentary testimony

Forensic investigator Paul O’Sullivan is set to appear in person before Parliament’s Ad Hoc Committee on Tuesday to give evidence in the inquiry into allegations made by Lieutenant General Nhlanhla Mkhwanazi.

The Ad Hoc Committee met on Monday to discuss housekeeping matters, where it was revealed that the committee will be hearing from O’Sullivan.

The issue of O’Sullivan’s appearance before the committee had been a contentious one, with the committee ultimately writing to the office of the Speaker of the National Assembly, Thoko Didiza, requesting that she issue a summons for his appearance.

O’Sullivan had previously requested a virtual hearing owing to safety concerns, while also having some demands. The committee had been hesitant to acquiesce, with many MPs raising concerns about avoiding answering questions that O’Sullivan did not like.

On Monday, Didiza’s office said that she welcomed the committee following her guidance that further substantive engagement be pursued before resorting to the issuing of summonses.

“The Speaker is pleased that this approach has resulted in one of these witnesses availing himself to appear physically before the Ad Hoc Committee to testify, from Tuesday, without the need for summonses to be issued.

“The Speaker understands that engagements are continuing with another witness, Mr Brown Mogotsi. Should further engagement not yield the necessary outcome, the Speaker will be advised by the Ad Hoc Committee so that the issuing of a summons may be considered.

“The issuing of a summons is a serious legal measure and must remain an act of last resort. It cannot be invoked lightly or without meeting the strict legal requirements prescribed by law,” her office said.

“Issuing summonses prematurely or without proper procedural grounding risks undermining the credibility of Parliament’s processes and exposing them to avoidable judicial review.”

Meanwhile, O’Sullivan said that he had landed in South Africa from London, rejecting claims that he was fleeing accountability, “I am not in the business of fleeing, I am not a coward”.

The ANC Study Group in the Ad Hoc Committee welcomed the confirmation of O’Sullivan’s physical appearance before the Committee.

The group emphasised that the evidence expected from O’Sullivan is crucial for understanding the alleged extent of infiltration within the SAPS.

“The evidence of Mr O’Sullivan is critical to understanding the alleged extent of infiltration within the SAPS, and more broadly within the criminal justice system, as well as whose interests such conduct may ultimately serve. The ANC remains resolute in its commitment to upholding and strengthening the rule of law, defending the integrity of state institutions, and ensuring that accountability is pursued in a manner that is lawful, fair, and beyond reproach.”

The EFF confirmed that their leadership will participate in the cross-examination of O’Sullivan during the parliamentary proceedings.

“O’Sullivan’s appearance follows sustained pressure by the EFF within Parliament and across broader society, despite his attempts to create a non-existent security threat with the support of the Speaker of the National Assembly, Mrs Thoko Didiza, and the ANC Parliamentary Caucus,” the party said in a statement.

During Monday's meeting, evidence leader Advocate Norman Arendse SC, said they are in regular contact with Mogotsi and “we are quite hopeful of resolution of that matter as soon as possible, and if we don’t by Wednesday, then we will indicate to you Honourable Chair, that it might be the case, through you, (we) request the Speaker to authorise a summons, and if necessary, a warrant, if he doesn’t comply”.

“He has regularly interacted with us, and the head of Parliamentary security,” Arendse said.

The committee also discussed seeking an extension of the committee until March 6, with a proposed revised timeline of witnesses, which included fellow MP, Fadiel Adams, O’Sullivan’s assistant, Sarah Jane-Trent, Lieutenant-General Khomotso Phahlane, Lieutenant General Tebello Mosikili, and Mkhwanazi.

Cape Times