Inspector-General of Intelligence Imtiaz Ahmed Fazel was suspended in October
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Members of Parliament’s Ad Hoc Committee probing allegations made by SAPS KwaZulu-Natal provincial commissioner, Lieutenant General Nhlanhla Mkhwanazi, are still seeking clarity over the appearance of Inspector-General of Intelligence (IGI), Imtiaz Fazel.
The committee met on Monday to discuss several housekeeping matters, ranging from the rescheduling of National Commissioner Fannie Masemola and Mkhwanazi to appear next week, the delay in the response from President Cyril Ramaphosa, the progress of the matter regarding opening a case against O’Sullivan and the appearance of the suspended IGI.
Most of Monday’s meeting focused on the debate surrounding the appearance of Fazel, where several committee members debated the current limitations surrounding whether he could appear.
Fazel was suspended by President Cyril Ramaphosa in October pending a decision in an investigation by Parliament’s Joint Standing Committee on Intelligence (JSCI) into the Inspector-General’s conduct.
Acting police minister, Professor Firoz Cachalia, had shared Fazel’s classified report with the committee.
Previously, Ad Hoc Committee evidence leader Norman Arendse SC said that several attempts were made with the assistance of the Ad Hoc Committee chair to arrange a meeting with the chair of the Joint Standing Committee on Intelligence, which didn't happen last year.
Arendse had said: “We looked at the legislation, at what was required for him to appear, and subject to the suspended IGI consulting with the president and the Minister of Intelligence, there doesn't appear to be such an impediment to him appearing," Arendse said.
Julius Malema during a Parliament Ad Hoc committee hearing.
Image: Ayanda Ndamane/ Independent Newspapers
EFF MP Julius Malema voiced his concern in Monday's meeting that Fazel should not be prohibited from appearing before the committee.
“We are not called an Ad Hoc Committee for no reason, and it's not like a police committee calling the IGI, who can actually appear before the intelligence committee. It's not a normal operation.
“Therefore, we cannot want to behave like we are a special committee, which has a lifespan and which has to deal with more complex matters. We had a head of crime intelligence appearing before us. There was nothing whatsoever that was asked, which compromised the integrity of the crime intelligence. Nothing,” Malema said.
“But he was asked questions. He was asked serious questions, but they did not interfere with (anything) top secret or anything of that nature. Corruption can never be a top secret. You cannot classify corruption as top secret.”
“We have to find a way to bring a willing IGI to come before this committee. His willingness is a demonstration that he's got something to share with us,” Malema said.
“He knows what is top secret. He knows it better than me and you. He knows which areas never to converse in public, and therefore, chairperson, our proposal is that whatever happens, let the IGI come.”
Ultimately, the chairperson of the Ad Hoc Committee, Soviet Lekganyane, said that the legal team and evidence leaders will get in contact with Fazel, and take it from there.
“They will get into contact with him… The person who knows their conditions of service (best) is the IGI, who is currently suspended, and he is the one who must respond to our call when we say he must appear before us. The evidence leaders will discuss with him, and decide which day will be possible for him to appear before us,” Lekganyane said.
The committee also heard that the Parliamentary legal team are currently collecting affidavits regarding opening a case against forensic analyst Paul O’Sullivan after he walked out of the Ad Hoc Committee hearing.
While O’Sullivan did return to the committee last Thursday, they haven’t dropped their intention of opening a case against him for allegedly contravening the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act of 2004.
The committee also heard that President Cyril Ramaphosa has requested that he be able to respond to the questions posed to him by the Ad Hoc Committee by March 16. The EFF, IFP and uMkhonto weSizwe Party (MK Party) raised issues with this, fearing that the delay in his response would impact their ability to ask the president clarity-seeking questions.
Tuesday’s proceedings will resume with the evidence of Acting Deputy National Commissioner for Crime Detection and Divisional Commissioner for Detective and Forensic Services, Lt-Gen Hilda Senthumule, and also see the return of Member of Parliament, Fadiel Adams, who will be questioned by the committee members.
The committee had also resolved to reschedule the appearance of Masemola and Mkhwanazi. The committee felt that it made more sense for the police officials to appear last before the committee rather than this week.