The EFF has filed a criminal case against forensic investigator Paul O’Sullivan, accusing him of contempt of Parliament after he walked out of a high-profile SAPS inquiry while under cross-examination.
O’Sullivan abruptly exited Thursday's sitting of the Ad Hoc Committee established to investigate allegations made by KwaZulu-Natal SAPS Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, claiming he had been denied a fair opportunity to speak and needed to catch a flight.
“That’s rubbish, I came here voluntarily,” O’Sullivan said, insisting that Members of Parliament could not prevent him from leaving.
EFF Deputy Secretary Leigh-Ann Mathys, however, said his conduct constituted a criminal offence in terms of Section 17 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act.
“The whole country, in fact, the entire world, saw yesterday that Paul O’Sullivan appeared before the ad hoc committee for proceedings and then walked out before the committee had concluded. According to Section 17 of the Powers and Privileges Act, that amounts to contempt of Parliament and carries a criminal offence, which may result in a fine, imprisonment, or both,” she said.
Mathys confirmed that an affidavit had been submitted to open a criminal case against O’Sullivan for offences allegedly committed during the committee’s proceedings.
She further criticised the Speaker of the National Assembly, accusing her of failing to act decisively.
“The Speaker did not act as she should have. We allowed her until 11:30, when proceedings ended, to act on the matter. She wrote back to our Chief Whip last night saying she is waiting for a legal opinion and will act if necessary. From that response, we knew she was not going to act, and that is what brings us here this morning,” Mathys said.
She added that this was not an isolated incident.
“This is not the first time. If you ask why she has not acted against the same man who allegedly threatened a witness during proceedings, despite a committee report being written and a legal opinion being provided, there was still no action. She also did not act on the summons for Paul O’Sullivan and only moved after we raised the matter publicly in the media and on social media. Shortly thereafter, O’Sullivan appeared.”
Mathys went further, alleging broader institutional failure.
“What we are dealing with looks like a captured Parliament that has no interest in the people, but instead appears to be protecting someone whose citizenship process also raises questions. If you review the documents received from Home Affairs, you would see serious concerns raised about his background.”
“He was involved in training our police, yet there are allegations that he has no qualifications in criminal justice, law, or the Constitution. There has been no outrage about a man without such qualifications training members of law enforcement.”
In a statement, the Speaker of the National Assembly, Ms Thoko Didiza, said she had noted “with concern the unfortunate developments” during the committee meeting.
“Parliamentary committees are constitutionally mandated to conduct oversight, gather evidence, and interrogate matters of public importance in a manner that upholds the dignity, authority, and integrity of Parliament. Witnesses appearing before committees are expected to cooperate fully with proceedings and to respect the authority of Parliament,” the statement read.
“The Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004, expressly prohibits any person from improperly interfering with or impeding the exercise by Parliament or its committees of their authority or functions. The Act further prohibits creating or taking part in any disturbance while a committee is meeting.”
Didiza said she had requested an urgent report from the committee chairperson, Molapi Lekganyane, and would determine what action, if any, may be necessary after considering the report.
EFF national spokesperson Sinawo Tambo defended the party’s decision to pursue criminal charges.
“We are warranted in our actions. The EFF is taking the correct position and has correctly characterised Paul O’Sullivan as a fugitive from the law. He violated the Powers and Duties of Parliament Act by cutting short his submission to Parliament while there was still evidence being led under oath. His actions undermine an investigation that is ongoing before the legislature, which is one of the arms of the state. The EFF is therefore justified in pursuing a criminal case against him,” Tambo said.
“He has stated that he holds multiple passports and owns an aircraft. That raises concerns that he may have the capacity to leave the country, making it difficult to apprehend him should he be found guilty at any stage. The EFF is making the correct decision.”
Tambo also criticised Parliament’s legal capacity.
“It is discouraging. Since the inception of the EFF committee, the performance of Parliament’s legal team has suggested that they are incapacitated and under-resourced. If you look at commissions such as the Zondo Commission, there was a clear separation of evidence among various legal teams, each led by different evidence leaders responsible for specific sections and categories of evidence. They were prepared and properly resourced. In Parliament, there is one evidence leader supported by two advocates. The shortcomings become evident each time the committee faces a challenge, and this is the latest example.”
anita.nkonki@inl.co.za
Saturday Star