Tensions Rise in Parliament Over Conflict of Interest in Mkhwanazi Inquiry

Parliament’s Ad Hoc Committee investigating allegations made by KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi has hit turbulence over potential conflicts of interest, delaying proceedings and sparking political debate.

The dispute came to a head on Tuesday when Lieutenant-General Shadrack Sibiya appeared reluctant to answer questions from MKP member David Skosana, prompting an hour-long delay in the hearings. The tension stems from Skosana’s involvement in cases linked to charges laid against Sibiya and suspended police minister Senzo Mchunucases arising from Mkhwanazi’s media briefing in July and a recent search and seizure operation at Sibiya’s home.

Legal Opinions Provide ClarityMostly

Earlier this week, the committee sought guidance from the Speaker’s office to determine whether MPs implicated in related cases could continue participating. The legal opinion confirmed that the prior cases did not constitute bias or a reasonable apprehension of bias, noting they were registered before the committee’s proceedings began and are under the National Prosecuting Authority’s purview.

MKP member Sibonelo Nomvalo stressed the importance of Parliament’s legal service as the authoritative source. “We must never be partisan. If parties outsource legal opinions, we risk conflicting interpretations and confusion. Parliament’s legal opinion takes precedent,” he said.

The DA’s Separate Legal Advice Sparks Debate

The Democratic Alliance’s involvement has added another layer of complexity. Following accusations by Mkhwanazi that DA MP Dianne Kohler-Barnard leaked classified intelligence to both the inquiry and the Madlanga Commission, the party sought its own legal counsel. The DA’s opinion found no reason for Kohler-Barnard to recuse herself, a conclusion supported by committee member Adv Glynnis Breytenbach.

Nomvalo, however, dismissed the DA’s separate advice, citing principles of unified parliamentary legal oversight. “It’s irresponsible for parties to bring in external legal opinions. We must follow the legal service that guides Parliament,” he said.

Distinguishing the Issues

Nomvalo cautioned against conflating two separate conflicts: Skosana’s involvement versus Kohler-Barnard’s alleged disclosure. He clarified that while Kohler-Barnard had been implicated by Mkhwanazi, Skosana’s role merely involved opening a case, making the two matters legally and procedurally distinct.

“Being implicated in serious issues like disclosing classified information is different from opening a case against someone. We must treat these as separate matters,” Nomvalo explained.

Public and Political Context

Social media reactions have mirrored the parliamentary tensions, with citizens questioning the integrity of oversight mechanisms. Many are expressing concern that disputes over conflict of interest might overshadow the substantive investigation into corruption allegations within the SAPS.

The timing of the controversy has also coincided with President Cyril Ramaphosa’s suspension of the Inspector-General of Intelligence, Imtiaz Fazel, which Kohler-Barnard described as “deeply concerning.” In a statement, she warned of a “disturbing pattern” targeting independent investigators, noting that oversight bodies such as IDAC, the IGI, and IPID are increasingly facing attacks while probing allegations against senior police officials.

A Fractured Oversight Process

As the committee resumes hearings, the unfolding drama underscores the fragility of parliamentary oversight in politically sensitive investigations. With legal interpretations contested and MPs navigating accusations and prior cases, the proceedings highlight the challenges of maintaining impartiality, transparency, and public confidence in high-stakes corruption inquiries.

For now, Parliament’s legal opinion appears to hold sway, but the simmering tension between parties and the broader political implications suggest that the Mkhwanazi inquiry will remain under intense scrutiny for months to come.

{Source: IOL}

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