Despite National Assembly Speaker Thoko Didiza’s refusal to issue subpoenas, parliament’s ad hoc committee continues to demand that alleged political fixer Oupa Brown Mogotsi and private investigator Paul O’Sullivan appear before its inquiry.
The committee held a virtual housekeeping meeting on Monday that lasted just over five hours, as it races against time to complete its work by 20 February.
Ad hoc committee deliberates over witnesses
Several MPs expressed concern that individuals repeatedly named during testimony have yet to appear before the inquiry.
uMkhonto weSizwe (MK) party MP David Skosana said crime intelligence senior official Feroz Khan should be called to testify, noting that his name had surfaced during multiple submissions. Khan heads the Counter-Intelligence and Security Intelligence division.
Economic Freedom Fighters (EFF) leader Julius Malema said suspended deputy national police commissioner Francinah Vuma should also be summoned.
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MK party MP Vusi Shongwe added that ANC secretary-general Fikile Mbalula and President Cyril Ramaphosa had been implicated.
“There’s this list of names that keeps on disappearing, and I don’t know how,” Shongwe said.
Committee secretary Vhonani Ramaano told MPs that public submissions would conclude on 3 February, with four remaining witnesses, including two anonymous individuals.
Former acting national police commissioner Khomotso Phahlane is expected to continue his testimony on 4 and 5 February, while Democratic Alliance (DA) MP Diane Kohler-Barnard and National Coloured Congress (NCC) leader Faidel Adams are scheduled to appear on 11 February.
National Assembly Speaker pushes back on subpoena requests
Ramaano indicated that Mogotsi, O’Sullivan and KwaZulu-Natal (KZN) police commissioner Nhlanhla Mkhwanazi were the only remaining witnesses without confirmed dates.
Parliamentary legal advisor Andile Tetyana briefed the committee on Didiza’s response to requests to issue subpoenas to Mogotsi and O’Sullivan.
Didiza highlighted that Mogotsi had raised security concerns following an alleged attempt on his life in November last year.
“His personal safety concerns should not be taken lightly,” the speaker said in her letter, adding that the committee needed to engage Mogotsi on the nature and cost of any security arrangements.
READ MORE: Ad hoc committee moves to subpoena Brown Mogotsi after Paul O’Sullivan snub
Didiza concluded she was “disinclined” to approve a summons for Mogotsi, who had declined an offer to provide him with security from Parliamentary Protection Services (PPS).
Regarding O’Sullivan, Tetyana reminded MPs that the committee was already aware that the investigator was currently in the United Kingdom (UK) and intended to return only at the end of February.
O’Sullivan had also cited safety concerns, including the relocation of seven of his children outside South Africa.
According to Tetyana, Didiza had raised concerns that subpoenas cannot be issued arbitrarily and must serve the specific aims of the inquiry, adding that insisting on O’Sullivan’s appearance could carry significant legal risks if tested in court.
“The speaker feels a bit incapacitated in terms of the law to make that determination, and she can make that determination when the committee has fully engaged with the reasons provided thereof.”
MPs demand Brown Mogotsi and Paul O’Sullivan appearances
ANC MP Khusela Sangoni-Diko said the speaker’s position was “disappointing”, insisting that both Mogotsi and O’Sullivan should appear in person.
“There’s nothing unique about what Paul O’Sullivan and Mr Brown Mogotsi are raising,” she said.
She argued that PPS was capable of providing adequate protection.
“I think we must write to them and say this is how much security we are going to provide, this is what parliament is doing to respond to your concerns and failure to present yourselves will still result in us approaching the speaker in this case to request that she concurs in the issuing of the summons,” Sangoni-Diko said.
ANC MP Xola Nqola accused the two men of deliberately obstructing the inquiry, while MK party MP Sibonelo Nomvalo maintained that the committee should not soften its stance.
“We must not nurse feelings for people who want to receive standing ovations when they come to parliament, people who behave like spoilt brats,” Nomvalo said.
He warned that virtual testimony from O’Sullivan would undermine the process, alleging that the investigator had already indicated he would not engage with MPs from certain political parties.
“If he doesn’t like to respond to questions, the environment will be conducive for him to do so.”
Nomvalo added that the delay in issuing subpoenas was unjustified.
“We are worried about this dilly-dallying… because we are operating within a very short, limited time.”
He also dismissed Mogotsi’s security demands as “ridiculous”.
Malema warns of precedent
Meanwhile, DA MP Ian Cameron said it appeared that Mogotsi and O’Sullivan were avoiding parliament, although he acknowledged their security concerns.
Malema warned that the speaker’s handling of the matter could weaken parliament’s authority.
“I think that the speaker has deliberately just decided not to play her role, and her role is to protect the image and integrity of parliament.
“You have people who have completely shown that they have got no regard for parliament. They are going around ridiculing it, and that we must provide private chefs.
“We must provide a house, not a hotel. We must do this and that. It’s like you are preparing a trip to Epstein Island,” he said.
WATCH: Paul O’Sullivan on why he does not want to appear in person before parliament
“If you do that for Mogotsi, you are going to do that for everyone,” Malema added.
He suggested the reluctance to issue subpoenas pointed to deeper issues.
Malema later stated Ramaphosa should appear before the committee in his capacity as president.
Committee chairperson Soviet Lekganyane said the committee would instead submit questions to the president to respond to allegations raised during the inquiry.
Watch ad hoc committee below:
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