Didiza welcomes witness cooperation ahead of Ad Hoc Committee hearings
Speaker Thoko Didiza has welcomed the Ad Hoc Committee’s continued engagement with witnesses Brown Mogotsi and Paul O’Sullivan, stressing that summonses should remain a last-resort legal measure to protect Parliament’s integrity.
Image: Tumi Pakkies / Independent Newspapers
The Speaker of the National Assembly, Thoko Didiza, has welcomed the Ad Hoc Committee investigating allegations made by Lieutenant General Nhlanhla Mkhwanazi for continuing to engage witnesses Brown Mogotsi and Paul O’Sullivan before resorting to issuing summons.
Didiza said she was “pleased that this approach has resulted in one of these witnesses availing himself to appear physically before the Ad Hoc Committee to testify, from Tuesday, without the need for summonses to be issued.”
O’Sullivan, who had previously requested to testify virtually while abroad in London, will now appear in person on Tuesday after returning to South Africa earlier than planned.
He told IOL that he “is not in the business of fleeing” and wanted to ensure he could participate before the committee concludes its work next week.
Didiza added that engagements were continuing with Mogotsi, and noted that “should further engagement not yield the necessary outcome, the Speaker will be advised by the Ad Hoc Committee so that the issuing of a summons may be considered.”
Didiza stressed the seriousness of issuing a summons, saying it “is a serious legal measure and must remain an act of last resort. It cannot be invoked lightly or without meeting the strict legal requirements prescribed by law.
''Issuing summonses prematurely or without proper procedural grounding risks undermining the credibility of Parliament’s processes and exposing them to avoidable judicial review.”
Didiza reiterated that her guidance to the committee had been aimed at ensuring its work “proceeds in a manner that is lawful, procedurally fair, and capable of withstanding constitutional and judicial scrutiny.”
She noted that the committee’s decision to pursue further engagement rather than immediately issuing summonses “was correct and consistent with constitutional and procedural requirements,” warning that “a summons issued without meeting the necessary legal threshold would not have withstood judicial scrutiny and could have weakened, rather than strengthened, the Committee’s work.”
The Speaker said her role in supporting parliamentary committees included “acting as a constitutional safeguard to ensure that due process is followed,” describing this as “essential to protecting Parliament’s institutional integrity, legal standing, and the legitimacy of parliamentary oversight.”
She commended the committee for its continued engagement with the witnesses and wished it well in the execution of its mandate.
Meanwhile, the Economic Freedom Fighters (EFF) have announced that a scheduled Radio 702 interview between its party leader Julius Malema, and Clement Manyathela, set for 10 February, has been postponed.
EFF spokesperson Sinawo Thambo said the delay follows the confirmation that O’Sullivan will appear before the Ad Hoc Committee on the same day.
Thambo said O’Sullivan’s appearance comes “after sustained pressure by the EFF within Parliament and across broader society, despite his attempts to create a non-existent security threat with the support of the Speaker of the National Assembly Mrs Thoko Didiza and the ANC Parliamentary Caucus.”
He added that the Malema and the deputy secretary general Leigh-Ann Mathys will take part in the cross-examination, and that a rescheduled date for the Radio 702 interview “will be communicated in due course.”
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