Ad Hoc Committee Chairperson Soviet Lekganyane at the public hearing schedule to hear evidence from businessman Kishene Chetty.
Image: Armand Hough / Independent Newspapers
The Ad Hoc Committee decided to proceed with evidence from businessman Kishene Chetty on Thursday despite being warned that his testimony may prejudice his cases that are pending before the courts.
Committee Chairperson, Soviet Lekganyane, said they were not going to be gerrymandering their rules after MPs engaged on the concerns first raised by DA MP Glynnis Breytenbach.
“We are going to proceed with Mr Chetty and let him present what he wants to present,” Lekganyane said.
“We are going to proceed. There is no discussion on this matter,” said Lekganyane.
Chetty’s appearance was deferred last week after he spent a day with one of the evidence leaders, Advocate Bongiwe Mkhize, going through the annexures he had submitted with his affidavit.
The committee decided to reschedule him for Thursday, and evidence leader Advocate Norman Arendse led the evidence at the start of the proceedings.
Arendse indicated to the committee that Chetty’s father had made a two-page submission last year and a substantial complaint with annexures was submitted two weeks ago by Chetty.
During his initial testimony on Thursday, the committee heard that Chetty made references in his affidavit to several criminal cases.
It also heard that he has been accused with dozens of other people and companies on charges of theft, corruption, and money laundering.
The main case was struck off the roll in March 2021 by a magistrate and that he was subsequently arrested and charged again.
Chetty told the committee that the cases constituted an abuse of power because one was initially re-enrolled without a certificate issued by the National Director of Public Prosecutions.
He added that he has brought an application in the High Court to set aside the cases.
“We are waiting for a judge to be allocated to the matter,” said Chetty.
Responding to a question from Arendse, he said he had opened a criminal complaint regarding interference, unlawful conduct, and unethical conduct against Investigative Directorate Against Corruption’s investigators Dylan Perumal and Suneel Bellochun, as well as prosecutor Tilas Chabalala in 2022.
Chetty said he received a call from Independent Police Investigating Directorate on Wednesday informing him that the watchdog body has been requested by the North Gauteng Director of Public Prosecutions to take warning statements from the two investigators and the prosecutor.
Chetty said he wanted the committee to understand the abuse of power and how cases were brought on the roll without following court rules.
“It is an abuse of power by these guys. When I complain about them, I get arrested, or they are retaliating on me by utilising the state machinery. I have proof of all of that,” said Chetty.
It was at this point that Breytenbach raised concerns about the contents of Chetty’s affidavit.
She said Chetty was appearing before the committee without legal representation and that he was the accused in several very serious matters that were currently or to be placed on the roll.
Breytenbach said Chetty could incriminate himself when answering questions and the prosecutors could be watching the proceedings and use his evidence against him.
Arendse said evidence leaders shared the concerns raised by Breytenbach.
“Perhaps the better course to take is to note what is in his affidavit when the committee comes to its deliberations and take serious note of some of the allegations. Some are quite hair raising,” he said.
ANC MP Xola Nqola said the nature of what was said in the affidavit required a competent court of law.
“The rules of the National Assembly do not allow us to get to the merits of issues that are sub judice,” Nqola said.
However, he pleaded with Chetty “that he must reconsider and we are to take it from there”.
MK Party MP Sibonelo Nomvalo said the committee should be fair and allow Chetty to make his presentation.
He said former acting national commissioner Khomotso Phahlane testified before the committee when he had matters before courts.
“If he continues to feel strongly, he can continue,” said Nomvalo.
Other parties felt that it was up to Chetty if he wanted to proceed with his evidence, while others expressed discomfort if his testimony continued.
When asked if he was prepared to give evidence, Chetty said: “Chairperson, yes, I am ready. Thank you.”
Lekganyane said the Powers, Privileges and Immunities Act of Parliament provided for testimony at the inquiry not to be used anywhere except in a case of perjury.
He said witnesses have the option to decline to answer questions that may incriminate them.
“We are going to proceed,” Lekganyane said.