SAPS Ad Hoc Committee: Feroz Khan Testimony Omission Debated

• The Ad Hoc Committee investigating Lt-Gen Nhlanhla Mkhwanazi's allegations is currently deliberating on its interim draft report.
• A central point of contention involves the committee's decision not to call dismissed Major-General Feroz Khan to testify, despite his repeated mention by witnesses regarding Crime Intelligence matters.
• Committee members Mr. David Skosana and Ms. Leigh-Ann Mathys expressed differing views on the wording of the report concerning Khan's absence and the reasons behind it.
• A proposal was made to recommend a Directorate for Priority Crime Investigation (DPCI) inquiry into former police minister Bheki Cele for alleged tender influence, the Telkom Towers transaction, and benefiting from organized crime.
• Discussions also included allegations concerning suspended Police Minister Senzo Mchunu, with members stressing that the report should not imply his exoneration due to the committee's investigative limitations.

The proposed DPCI inquiry would focus on allegations that Mr. Cele potentially influenced the awarding of tenders during his tenure as police minister, claims linked to the contentious Telkom Towers transaction, and accusations that he benefited from organized crime activities.

The Ad Hoc Committee, tasked with investigating claims initially brought forward by SAPS KwaZulu-Natal Commissioner Lt-Gen Nhlanhla Mkhwanazi, recently engaged in extensive discussions regarding its preliminary draft report. A significant point of contention centered on the committee's decision not to call dismissed Major-General Feroz Khan to provide testimony, despite his name frequently surfacing in witness accounts related to a drug investigation and other alleged misconduct.

The draft report itself acknowledged that the committee's capacity to thoroughly investigate and resolve specific issues pertaining to Crime Intelligence was hampered by Major-General Khan's absence. This included limitations in addressing conflicting assertions concerning disciplinary actions, vetting processes, security clearances, and various operational disputes within Crime Intelligence.

Committee member Mr. David Skosana advocated for the report to explicitly state that "some members" did not support Major-General Khan's appearance before the committee. He further expressed his political party's dissatisfaction with the report's omission of the word "repeatedly" when describing how often Major-General Khan was referenced by other witnesses. According to Mr. Skosana, this omission undermined the gravity of Khan's non-appearance and prevented Members of Parliament from directly confronting him with allegations. Conversely, Ms. Leigh-Ann Mathys, another committee member, suggested that the term "repeatedly" should be rephrased. She clarified that the decision not to include Major-General Khan on the witness list was not a deliberate tactic, noting that several other individuals mentioned during testimony also did not appear, primarily due to the committee's tight deadline for completing its work. Several members also reflected that, had they been privy to the evidence presented at the Madlanga Commission, their stance on calling Major-General Khan might have been different.

Beyond the procedural debates surrounding the Ad Hoc Committee Feroz Khan testimony, the South Africa parliamentary inquiry also turned its attention to serious allegations involving former police minister Mr. Bheki Cele. These claims specifically concern his alleged association with Vusimusi "Cat" Matlala.

In a significant development, committee member Mr. Mdumiseni Ntuli put forward a proposal that the committee's final SAPS Ad Hoc Committee report should recommend a full investigation by the Directorate for Priority Crime Investigation (DPCI) into Mr. Cele. The proposed DPCI inquiry would focus on allegations that Mr. Cele potentially influenced the awarding of tenders during his tenure as police minister, claims linked to the contentious Telkom Towers transaction, and accusations that he benefited from organized crime activities. These recommendations underscore the committee's intent to pursue accountability for high-level public sector corruption, particularly concerning Bheki Cele tender corruption allegations.

The committee's extensive deliberations also encompassed the alleged connections between the suspended Police Minister, Senzo Mchunu, who remains on special leave, businessman Mr. Brown Mogotsi, and Mr. Matlala. These discussions highlight the broad scope of the parliamentary inquiry into police-related misconduct and influence.

Ms. Mathys cautioned against any interpretation that the report exonerated Minister Mchunu, emphasizing that a specific section within the report addresses the inherent limitations faced by the committee. She stressed the importance of making it clear that the committee was unable to thoroughly interrogate a substantial portion of the information presented to it. Adding to this, Mr. Skosana noted that Minister Mchunu had not been forthcoming about his relationship with Mr. Mogotsi. The committee's ongoing review of these draft reports indicates that the final findings and recommendations are still under active consideration.

Lawyers advising clients on public sector corruption or police oversight should monitor the final report of this Ad Hoc Committee for potential DPCI investigations into former Minister Cele and other officials, which could lead to new enforcement actions or compliance risks. The committee's internal disagreements also highlight procedural challenges in parliamentary inquiries that may affect future legal strategies.

Source: Reporting on South Africa's parliamentary inquiry.