EFF claims Parliament failed to act after O’Sullivan exits inquiry proceedings
Image: EFF/X
Forensic investigator Paul O’Sullivan's refusal to complete his testimony under oath raises reasonable concern regarding potential obstruction of accountability processes, according to an affidavit by the EFF’s Leigh-Ann Mathys.
The EFF lodged a case against O’Sullivan after he abruptly departed Parliament’s Ad Hoc Committee established to consider allegations made by Lt-General Nhlanhla Mkhwanazi.
O’Sullivan left during Thursday’s proceedings after he had repeatedly raised the time and stated that he had to leave the hearing at 1pm as he was going to miss his flight, and would have to carry the financial cost of rescheduling flights.
The testimony of O’Sullivan came to a sudden end when, after raising issues of a time crunch, he stood up, gathered his things, and walked out of the proceedings while being questioned by Advocate Bongiwe Mkhize.
Image: Ayanda Ndamane/Independent Newspapers
Chairperson of the Ad Hoc committee, Soviet Lekganyane, had asked Advocate Bongiwe Mkhize to conclude her questioning of O’Sullivan, and she shared that she had only a few questions left.
While Mkhize was wrapping up her questions, O’Sullivan stood up, gathered his things, and started walking out of the proceedings.
EFF leader Julius Malema told him that he should sit down as he had not been dismissed. MKP’s David Skosana also stood up and told O’Sullivan that they would open a case against him for walking out of the hearing.
On Friday morning at the Cape Town Central Police Station, Mathys lodged a case against O’Sullivan, alleging that his conduct was a direct violation of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004 (Act No. 4 of 2004).
In terms of Section 17 of the Act, any person who refuses to give evidence, fails to remain in attendance, or commits contempt of Parliament may be guilty of an offence. Section 27 provides that a person convicted of such an offence is liable to a fine or imprisonment of up to 12 months, or both.
Walkout during Mkhwanazi investigation triggers legal showdown between EFF and O’Sullivan.
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In Mathys’ affidavit, she cited that O’Sullivan has a pattern of disregarding Parliamentary authority, such as demonstrating “disrespect for the authority of the Chairperson; refusal to comply with lawful questioning; interference with witnesses; conduct calculated to obstruct the work of the Committee, such behaviour strikes at the heart of parliamentary oversight and the constitutional principle of accountability”.
“Parliament cannot function effectively if witnesses are permitted to: take an oath; answer selectively; and then abandon proceedings at will,” the affidavit said.
“Mr Paul O'Sullivan is not a peripheral figure in these proceedings, but a central witness of significant interest."
“This matter is further rendered urgent by the fact that Mr O'Sullivan is a person of substantial means, reportedly in possession of a private jet and holding multiple passports, including South African, United Kingdom and Irish passports,” the affidavit states.
“The risk of evasion of accountability cannot be ignored. Furthermore, given that the South African Police Service itself is presently under scrutiny in relation to allegations of capture, corruption, and collusion with drug cartels and transnational criminal networks, it is imperative that this investigation be conducted swiftly, independently, and without fear or favour.
“I therefore demand that the South African Police Service register and investigate this matter with immediate effect and ensure that no delays or institutional conflicts of interest undermine the administration of justice,” Mathys said.
National Assembly Speaker, Thoko Didiza, has shared her concern about the implications of this conduct for Parliament’s ability to discharge its constitutional obligation to exercise oversight and to thoroughly interrogate the serious allegations that are before the Ad Hoc Committee.
Didiza requested an urgent report from Lekganyane detailing the events of the proceedings, including the circumstances surrounding O'Sullivan's departure.
“Upon receipt and consideration of this report, the Speaker will determine what action, if any, may be necessary in terms of the Powers and Privileges Act and the Rules of the National Assembly to safeguard the integrity of Parliament and to ensure that its constitutional mandate is not undermined,” Didiza said.
As of Sunday, Parliament spokesperson Moloto Mothapo said that the Speaker has yet to receive the report from the chairperson.
Cape Times