Tensions rise in Parliament over Dianne Kohler Barnard's role amid Mkhwanazi allegations

The ad hoc committee probing allegations made by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi met on Tuesday to discuss its progress on witness consultations, but tensions flared over whether DA MP Dianne Kohler Barnard should continue serving after being named at the Madlanga commission.

This follows public testimony by Mkhwanazi before the commission, where he accused Kohler Barnard of unlawfully using classified information to fuel attacks on the Crime Intelligence unit.

He also implicated National Coloured Congress MP Fadiel Adams in the alleged mishandling of sensitive crime intelligence material. 

Committee chairperson Molapi Lekganyane confirmed that Kohler Barnard, an alternate member of the ad hoc committee, had been mentioned during Mkhwanazi’s testimony.

He stressed that the committee was using the term “mentioned” and not “implicated”, and that no presumption of wrongdoing would be made before the committee had heard from Mkhwanazi.

“There is the name of Honourable Dianne Kohler Barnard that was mentioned at the commission,” Lekganyane said. “I’m using the word ‘mentioned’ again, so that we do not use the word ‘implicate’.”

Lekganyane said he had refrained from media engagements on the matter pending the DA's position.

Democratic Alliance MP Glynnis Breytenbach acknowledged that Kohler Barnard had been named by Mkhwanazi, but cautioned against rushing to remove members based solely on that.

“Yes, it is so that General Mkhwanazi mentioned the Honourable Kohler Barnard, and so certainly there is a little bit of room for a perceived conflict, and perceptions are important, we agree,” she said.

“However, it’s our view that it would set a very dangerous precedent to just ask the Honourable Kohler Barnard to withdraw because she has been mentioned by General Mkhwanazi.”

Breytenbach warned that removing members based on allegations alone would open the door to manipulation. 

“It would be the easiest thing in the world for any of the witnesses at the commission to mention any politicians they felt like mentioning, simply to ensure that they then could not sit on this committee and have to deal with them when they came to this committee.”

She proposed that the committee allow Mkhwanazi to appear and address the matter directly, with Kohler Barnard absent during that portion.

“If there is evidence of a conflict, obviously the Honourable Kohler Barnard must withdraw. If there is no evidence, then that matter should be put to bed,” she said.

She also argued that Kohler Barnard’s role as an alternate member reduced the risk of undue influence. “She’s not going to be able to participate as fully as the other members, and the outcome of this committee is not solely reliant upon her views.”

ANC Chief Whip Mdumiseni Ntuli strongly objected to Breytenbach’s framing, particularly the suggestion that Mkhwanazi may have named Kohler Barnard to exclude her from the committee.

“I’m very concerned with what appears to me to be a path that the DA is inviting us into,” Ntuli said. “She makes the point that there might be an intention by certain people to call out certain names merely to exclude them.”

“I don’t agree with that approach. I do agree that when your name has been mentioned, there must be a process through which you can get cleared. But you can’t be a referee and a player,” Ntuli added.

He insisted that Kohler Barnard should be treated like any other witness and must not participate in committee deliberations while allegations against her are under consideration.

“As a matter of principle, you have automatically become a candidate to appear before this committee,” he said.

MK Party MP Sibonelo Nomvalo agreed , saying the committee’s witness list was based on Mkhwanazi’s testimony ,some of which had been delivered publicly before the committee was even established.

“You would recall that during a press briefing, Mkhwanazi did mention some members of Parliament. He did not mention them by their names. At that time, he did not know that there would be a committee,” Nomvalo said.

“So it can’t be an issue that there are members who are going to be mentioned because there is an attempt to exclude them. We can’t generalise this,” he added.

“The member must be excluded from this committee, and we must request the DA to bring another member, because the manner in which she was mentioned requires us to call her before the committee.”

EFF leader Julius Malema rejected the idea that Kohler Barnard should be removed at this stage.

“The EFF does not agree that the Honourable Member Kohler Barnard must withdraw herself on the basis of being mentioned without any evidence being there,” said Malema. “I don’t even know why this matter finds itself on our table now.”

He added that merely being named should not disqualify anyone from sitting on the committee: “We can’t turn this committee into a subcommittee of the commission. There is no matter before you. No one says the act is the conflict. No one can establish the conflict.”

“I’m very sorry, I’m not part of such an arrangement where the rights of people get humiliated and violated the way we want to do it. It’s wrong. I disagree,” Malema said.

IFP MP Mangaqa Mngcwango also cautioned against acting prematurely.

“I’m inclined to agree with the last speaker (Malema) ,” said Mngcwango. “The name of the Honourable Kohler Barnard was actually mentioned in another forum. It has actually not been mentioned before this committee.”

“We don’t know what Mr Mkhwanazi’s evidence is going to say in relation to Kohler Barnard’s name , whether it’s still there or not.  Until her name is mentioned before this committee, we are dealing with hearsay.''

Patriotic Alliance MP Ashley Sauls also called for Kohler Barnard to be removed, noting the weight of Mkhwanazi’s sworn testimony.

“This entire committee and entire commission was formed on the basis of a press conference by General Mkhwanazi. And the witnesses that are being called are simply on the basis of names mentioned in a press conference,” Sauls said.

“In this instance, the name of Barnard was not mentioned in a press conference, it was mentioned under oath. So even this forum carries even more weight than the press conference that has caused the commission and the committee to be formed,” he said.

“Therefore, Barnard must withdraw herself from the committee. And like all the other witnesses, she should be provided an opportunity to respond to the allegations made against her.”

Lekganyane confirmed that Mkhwanazi would be the first to appear before the committee and Kohler Barnard would not be present during that testimony. The committee will then deliberate on her role once Mkhwanazi’s evidence is heard.

hope.ntanzi@iol.co.za

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