ANC and MK demand DA MP withdraw from Mkhwanazi investigation

The African National Congress (ANC) and the uMkhonto we Sizwe Party (MKP) have called on Democratic Alliance (DA) Member of Parliament Diane Kohler Barnard to recuse herself from Parliament’s Ad Hoc Committee investigating Lieutenant General Nhlanhla Mkhwanazi’s allegations.

DA MP and chairperson of the Committee on Police, Ian Cameron, told Parliament this morning that Kohler Barnard is attending the hearing virtually while the party seeks a legal opinion on the matter.

The Committee, which had insisted that Mkhwanazi be the first witness to appear before it, began its hearings on Tuesday, 7 October.

This comes after Mkhwanazi initially committed his time to the Madlanga Commission of Inquiry, which is investigating the same allegations of a criminal justice capture, meaning proceedings could only begin this week.

During his testimony before the Commission, Mkhwanazi alleged that Kohler Barnard had publicised information about Crime Intelligence, which risks compromising its operations, and is thus unlawful.

Kohler Barnard has been a member of the Joint Standing Committee on Intelligence (JSCI) since the beginning of the sixth Parliament (2019-2024) and remains part of the committee.

“As the ANC, it is our view that Honourable Dianne Kohler Barnard and the party she represents must act in a manner that protects the integrity of this process and parliament in general,” ANC chief whip Mdumiseni Ntuli said.

“We would like the DA and the member concerned to consider withdrawing her membership from the committee.”

MKP MP, David Skosana, supported this. “I would like to concur with the Honourable Ntuli. I said this before General Mkhwanazi provided the evidence. The Honourable member must recuse herself from the Committee.

The MK issued a statement on Wednesday morning arguing that the “conflict of interest and potential apprehension of bias are glaring and inescapable.”

Newsday reached out to the ANC and DA for comment but did not receive a response by publication. Comment will be added once received.

The accusations in question

What Mkhwanazi is referring to is a press release issued by Kohler Barnard about her inquiry into the acquisition of two properties by Crime Intelligence, including the letter written to the Crime Intelligence General.

“I wrote to the Inspector General of Intelligence formally requesting an investigation into the dubious purchases of two properties by Crime Intelligence,” she said in her defence to the allegations.

“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.”

While the DA MP argued that the JSCI had not yet been established, Mkhwanazi says that MPs are obligated not to share this type of information outside of Parliament.

Kohler Barnard also said that this information was already in the public domain, following media reports. However, Mkhwanazi’s statement said that she “was able to use the press to further her allegations.”

He added that the DA MP had also posed several questions about Crime Intelligence in Parliament, the answers to which are publicised. Mkhwanazi said that all these questions were referred to the JSCI.

Political theatre disrupting the committee

It took six hours for the committee to begin proceedings during the opening day of its hearings, with General Mkhwanazi only being dismissed at 10 p.m.

The committee opened with infighting among parliamentary members. Some members flagged a problem with the documents and Mkhwanazi’s statement, which said the word “supplementary.”

This is despite the first day of the hearings supposed to have solely been an engagement between the evidence leaders and the witness.

“The mismanagement of this committee undermines not only its mandate but also public confidence in Parliament as an institution,” Chairperson of the Committee on Police and DA MP, Ian Cameron, said.

“The DA calls for the immediate resolution of all outstanding administrative and procedural issues so the committee can proceed efficiently, transparently, and without further delay.”