The ad hoc committee will decide on Friday whether DA MP Dianne Kohler Barnard remains a member after Mkhwanazi’s explosive testimony.
The ad hoc committee to investigate allegations made by KwaZulu-Natal (KZN) Police Commissioner Lieutenant General Nhlanhla Mkhwanazi will decide on Friday what will happen with committee member Dianne Kohler Barnard of the DA, after she was mentioned in his testimony before the Madlanga commission.
Parties debated whether to keep Kohler Barnard as an alternate committee member or remove her.
Ad hoc committee to decide Friday on DA MP Kohler Barnard
The committee deferred the matter to Friday.
“Let’s deal with it on Friday. The legal team will give us an opinion. So, let’s leave it at that,” the ad hoc committee chairperson Molapi Lekganyane said.
She is among others on a potential witness list, which includes President Cyril Ramaphosa and former police minister Nathi Mthethwa. The list will also be discussed on Friday.
Testifying before the Madlanga Commission on Thursday, Mkhwanazi criticised Kohler Barnard for disclosing classified intelligence.
He also mentioned National Coloured Congress MP Fadiel as someone who interferes with the work of the KZN SAPS political killings task team.
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In June, the DA MP released a statement where she revealed that the inspector-general of intelligence had completed a probe into alleged unlawful property acquisitions.
Mkhwanazi said that by releasing classified details, Kohler Barnard had undermined state intelligence.
The ad hoc committee met on Tuesday to receive a progress report on witness consultation. It also reviewed preparations for the witness hearings.
The committee is set to begin its oral hearings on 7 October with Mkhwanazi. National Police Commissioner Fannie Masemola will appear on 9 and 10 October and Deputy National Police Commissioner for Crime Detection, Shadrack Sibiya will appear on 13 and 14 October.
DA propose that Mkhwanazi testifies about her before making decision
The agenda further focused on whether Kohler Barnard should continue serving as an alternate committee member.
Responding to Mkhwanazi’s testimony, the DA’s Glynnis Breytenbach stressed the importance of fairness. She also warned against setting a dangerous precedent by asking Kohler Barnard to withdraw solely on his statement.
The DA proposed that the committee first call the general to testify about the issues involving Kohler Barnard before making a decision.
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“If there is evidence of a conflict, obviously the honourable Barnard must withdraw. If after we’ve dealt with it, there is no evidence of a conflict, then that matter should be put to bed,” Breytenbach said.
The ANC’s Mdumiseni Ntuli argued that Kohler Barnard should be given a platform to present her side of the story. This should happen before any determination is made.
Members cannot serve as ‘referees and players’
He insisted on a principled approach that members cannot serve as both “referees and players” in the committee.
“There are many people now who are like that who will appear before our committee, and some of them later on, we may discover, have had their names dragged in the mud without any substantial evidence to qualify what would have been presented to us,” Ntuli said.
The MK Party’s Sibonelo Nomvalo said Kohler Barnard must excuse herself from the committee due to Mkhwanazi’s testimony.
Nomvalo argued that the witnesses were agreed upon based on Mkhwanazi’s testimony. He said this makes Kohler Barnard’s exclusion necessary.
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EFF leader Julius Malema disagreed with the need for Kohler Barnard to withdraw without actual evidence.
Malema argued that Mkhwanazi’s statements were not before the ad hoc committee. Instead, they were before the Madlanga commission, which is a separate forum.
“There is no matter before you. So, you can’t reduce this committee to be a subcommittee of the commission so that everything else that’s happening in the commission must happen in our committee,” Malema said.
She should decide if she has a conflict of interest – Malema
“There is a commission for whatever reason. There is this other committee for whatever reason.”
The EFF leader said Kohler Barnard should decide for herself if she has a conflict of interest.
The IFP’s Mangaqa Mncwango agreed with Malema, stating that she should not be excluded without evidence before the committee.
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Ashley Sauls from PA said the committee should follow the prepared order of witnesses. He added that Kohler Barnard should be excluded.
Initially, Lekganyane resolved to wait for Mkhwanazi’s testimony before making a decision. He wanted the committee to hear it before deciding if the DA MP should be removed.
However, members criticised and debated how to decide on the matter. It was then agreed to defer the discussion to Friday’s meeting.
Meanwhile, the ad hoc committee declined Rise Mzansi’s Makashule Gana’s request for more members from smaller parties to be added to the committee.
