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Brown Mogotsi, to be called to give testimony at Mkhwanazi inquiry, suspended IG of Intelligence refuses to cooperate

Mayibongwe Maqhina|Published

The chief evidence leader, Advocate Norman Arendse, SC, for the inquiry probing allegations made by KZN police commissioner Nhlanhla Mkhwanazi.

Image: Picture: ANA Archive

The Ad Hoc Committee investigating allegations made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi at a meeting on Wednesday, whittled down the number of witnesses set to appear before its public hearings.

This after it was agreed that some of the witnesses could just submit affidavits while others will be deferred, pending another round of hearings as the inquiry will only run until November 28.

The evidence leaders were previously given a list of more than 30 preferred witnesses to schedule for testimony.

Chief Evidence Leader, Advocate Norman Arendse, SC, said they had to select witnesses where necessary in order to address the terms of reference of the committee.

Arendse said some of the witnesses were relevant but they can be asked questions and respond in an affidavit.

“There are other witnesses who are not necessary or there is no need for them to give us information. The committee has sufficient information before it,” he said.

Arendse also said the head of Crime Intelligence and the Political Killings Task Team Lieutenant General Dumisani Khumalo, was a key witness, but he will be called by the Madlanga Commission of Inquiry to give evidence for two or three weeks.

Khumalo had been providing testimony at the Madlanga Commission but this was interrupted after he fell ill.

“We are not sure about his medical condition.”

Arendse named Minister Senzo Mchunu’s chief of staff, Cedrick Nkabinde, as someone whose name cropped up during the testimony previously heard by the committee.

Nkabinde is scheduled to give testimony on November 13 and 14.

He will be followed by controversial businessman Brown Mogotsi on November 18, 19 and 20.

SAPS CFO Puleng Dimpane will give her testimony on the police finance and budget on November 27 and 28 while Lieutenant-General Lineo Nkhuoa will give evidence on the healthcare services tender on November 25 and 26.

The evidence leaders advised that Deputy National Commissioner Tebello Mosikili, who was acting national commissioner when Mchunu issued directives, be asked to submit an affidavit along with others.

MPs want General Julius Mkhwanazi of the Ekurhuleni Metro Police, who was implicated by Mkhwanazi in installing blue lights in vehicles owned by Vusimuzi “Cat” Matlala, to give testimony although the allegations emerged at the Madlanga Commission and not at the parliamentary inquiry.

“We recommend that this person is not called or deferred to another phase or process,” Arendse said.

Inspector-General of Intelligence, Imtiaz Fazel, is considered an important witness but refuses to cooperate because he has been suspended.

Arendse said the fact that Fazel has been suspended, means that it is crucial that he appear before the inquiry. The committee will still to discuss what should happen to him.

He said they will subpoena Matlala to give evidence and that there were no dates available for forensic investigator Paul O’Sullivan, former crime intelligence head Richard Mdluli, former Hawks head Godfrey Lebeya and University of KwaZulu-Natal Professor Mary da Haas.

Mkhwanazi is schedule to return to the inquiry on November 12 in connection with the withdrawal of accusations against former minister Bheki Cele.

 “He is quite happy to appear before the committee to explain himself,” Arendse said.

He said witnesses lined up for next week are Deputy Minister Polly Boshielo, Acting Minister Firoz Cachalia and IDAC head Andrea Johnson.

Although members of the Ad Hoc Committee initially held the view that Boshielo and Cachalia should just submit an affidavit, they then agreed for them to give evidence.

Arendse told the MPs that the evidence leaders had spent some time consulting and drafting their witness statements.

He said Boshielo’s experience in the ministry was different to her counterpart Cassel Mathale, who revealed he had not been assigned delegated powers by Mchunu.

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