Advocate Norman Arendse, evidence leader for the parliamentary ad hoc committee investigating allegations of corruption in the criminal justice system, has raised concerns about MK Party MP Mandla Skosana’s presence at the proceedings due to possible bias against a witness.
The committee resumed proceedings on Monday, with deputy national police commissioner for crime detection Lt-Gen Shadrack Sibiya expected to testify. Sibiya was excused by the committee when the matter arose.
Arendse said he was made aware of two MPs who appear in Sibiya’s affidavit and have laid criminal cases against Sibiya or other officials implicated in the investigations. They are DA MP Lisa-Maré Schickerling and Skosana.
“This constitutes a conflict given the terms of reference that we will act fairly, and it’s clearly not fair for someone who has been a complainant in a matter against one of our witnesses to also sit on this committee, having already prejudged the matter against the complaint,” Arendse said.
DA MP Glynnis Breytenbach said her party had written to the speaker of parliament requesting that Schickerling be withdrawn and replaced by another MP due to a possible conflict of interest.
Arendse said he had raised the matter with both MPs, arguing that they could not be part of the committee as they had already formed a conclusion that Sibiya and others implicated were guilty.
“They both formed the basis of an allegation that [suspended police minister Senzo] Mchunu, Sibiya and [Mchunu’s chief of staff Cedrick] Nkabinde are accused of defeating the ends of justice and conspiring to do so. It should be evident that if you’re sitting on this committee asking the witness questions when you have already formed a prima facie view that that person is guilty of wrongdoing, I think there’s an argument to be made that you shouldn’t sit on the committee.”
MK Party MP Sibonelo Nomvalo said the party would not withdraw Skosana, saying the case had been “opened by the party as a whole and not by Skosana alone”.
“I disagree with Arendse,” Nomvalo said.
“When you lay a complaint, you are directing the police to investigate. Prima facie can only be formulated by the police through an investigation. It’s not Skosana who laid the complaint; he’s the messenger of the MK Party. It’s the MK Party that laid the complaint. If we’re saying there is a conflict of interest, we are saying the MK Party should not participate because all MK members share the same views.”
The committee suggested legal advice should be sought on the matter.
Ad hoc committee chair Soviet Lekganyane said Sibiya should be brought back in, and if he was unhappy about the presence of a member, it would be indicated.
He said the matter would be reported to the speaker of parliament.
The hearings continue with Sibiya’s testimony.
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