KZN police commissioner said that the DA's Kohler-Barnard had a 'legal obligation to keep her mouth shut'.
KwaZulu-Natal (KZN) police commissioner Nhlanhla Mkhwanazi has implicated DA MP Dianne Kohler-Barnard at the Madlanga Commission of Inquiry, accusing her of breaking the law by interfering in police work.
His testimony came on the second day of the judicial commission of inquiry’s public hearings taking place at the Brigitte Mabandla Justice College in Pretoria on Thursday.
The commission, chaired by retired judge Mbuyiseli Madlanga, is probing allegations of political interference and corruption with the law enforcement and judicial system.
Mkhwanazi continues testimony at Madlanga commission
While giving evidence, Mkhwanazi alleged that both Kohler-Barnard and National Coloured Congress (NCC) leader Fadiel Adams obtained and exposed classified intelligence material.
He said that while Adams was new in Parliament, Kohler-Barnard was a long-serving MP and a member of the joint standing committee on intelligence who had knowledge about how to properly handle sensitive information.
“Ms Kohler-Barnard is a veteran in Parliament as a lawmaker who ought to understand what belongs where in parliament,” Mkhwanazi said.
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“So she is better positioned to call the department to come to account at the right platform.”
Kohler-Barnard is also an alternate member of Parliament’s ad hoc committee, which is investigating Mkhwanazi’s allegations separately from the Madlanga commission.
‘Fueling attacks’ on Crime Intelligence
Mkhwanazi claimed that Kohler-Barnard’s actions had intensified criticism of the Saps’ Crime Intelligence division, which has been under scrutiny following the arrest of its head, Dumisani Khumalo, over alleged irregular appointments.
“She’s one of the leaders in our legislature who is participating in both breaking the law as well as fueling these malicious attacks that are happening within Crime Intelligence and ultimately, directed at Khumalo as the head of that intelligence.”
He cited a DA statement released this year about the purchase of a multimillion-rand commercial property in Durban by Crime Intelligence as an example.
“The full statement is available on the internet… it comes from Ms Kohler-Barnard.”
READ MORE: ‘She is dishonest’: Saps Crime Intelligence official denied security clearance over past conviction
According to the KZN commissioner, Kohler-Barnard’s conduct amounted to interference in the operations of the police’s political killings task team.
The unit’s disbandment by Police Minister Senzo Mchunu is central to Mkhwanazi’s allegations of corruption and political interference within the criminal justice system.
“So what we see here is a person who has a legal obligation to keep their mouth shut and go to the joint standing committee and present and ventilate on these issues, but she does not use that platform. She goes public and discloses this.
“The risk is that it forces the members that are within Crime Intelligence, in a public space, to defend themselves by divulging all the secrets of the state that they are aware of… ranging from the police to the political parties, which the members are not supposed to [share] according to their vetting and classification of that information.”
In response, Kohler-Barnard called his allegations “outrageous” and “defamatory”.
She said she only asked for an investigation into the purchases of the properties after “extensive reporting and photographs in national newspapers”.
“My enquiries confirmed that no proper approach had been made to the Minister of Public Works for these properties, a fundamental legal requirement for such acquisitions. The public reports suggested the purchases were approved internally by high-ranking SAPS Crime Intelligence members, bypassing proper procedure and raising significant red flags,” said Kohler-Barnard.
Brown Mogotsi
Mkhwanazi also testified about North West businessman Oupa “Brown” Mogotsi, who he said has links to “underworld figures” and is allegedly associated with Mchunu.
He said that Mogotsi first contacted him via WhatsApp in September 2024, though he did not know how Mogotsi btained his number.
“I did screenshots of the conversation between me and him before they were deleted.”
READ MORE: Madlanga commission: Mkhwanazi pulls no punches, says Mchunu involved with criminals
Mogotsi, he testified, had been inquiring about a case of defeating the ends of justice at Empangeni in KZN.
Mogotsi also sent the commissioner a screenshot of the Empangeni police station’s occurrence book.
Mkhwanazi said he found it suspicious that the station was “less than five kilometres away from the minister’s house”, given that Mogotsi is based in the North West.
“It made me ask a question because the people who are communicating with me seem to suggest that he is close to the minister.”
Cat Matlala
Furthermore, Mkhwanazi went on to name businessman Vusimuzi “Cat” Matlala, currently before court for attempted murder, as one of the individuals “enjoying too much privilege” from law enforcement.
He alleged that Matlala’s personal vehicles had been unlawfully fitted with blue lights registered to Ekurhuleni municipality.
A complaint about this was laid by the chief of Ekurhuleni Metro Police, who was later suspended, according to Mkhwanazi.
The matter is under investigation by the Independent Police Investigative Directorate.
Mkhwanazi added that Matlala’s access to a cellphone in his jail cell had been facilitated by individuals in the department of correctional services.
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