The Ad Hoc Committee to Investigate Allegations made by SAPS KwaZulu-Natal Provincial Commissioner Lieutenant-General Nhlanhla Mkhwanazi heard in a meeting on Monday, 16 March, that Parliament has instituted criminal proceedings against forensic examiner Mr Paul O’Sullivan for contempt of Parliament and witness intimidation.
The charges concern a possible breach of the Powers, Privileges and Immunities of Parliament Act in connection with two incidents – the alleged intimidation of Mr Cedrick Nkabinde, the chief of staff in the Police ministry, in relation to his testimony before the committee; and Mr O’Sullivan’s departure from a committee meeting before he had completed giving his evidence.
Parliament Legal Advisor Mr Andile Tetyana briefed the committee and confirmed that a case had been opened on 12 March against Mr O’Sullivan. In addition, he said that Parliament had also heard on 13 March that the Directorate for Priority Crime Investigation (DPCI/Hawks) will investigate the matter, which indicated its seriousness.
In November last year, whilst testifying before the committee, Mr Nkabinde informed the committee he had received an intimidating text from Mr O’Sullivan. The message read: “Get ready you lying crook. I am going to make sure you spend some years in prison. You were bribed by Mkhwanazi and Mapula. Now you will pay for your crimes, guaranteed.” Mr O’Sullivan has admitted to sending the text but said it was not meant as a threat; he was simply stating the facts.
During his last appearance before the committee earlier this month, Mr O’Sullivan, apologised for walking out of the committee meeting before the evidence leader on the day, Adv Bongiwe Mkhize, had completed her questioning.
In another matter relating to the same inquiry, the committee asked Parliament’s legal services to provide an opinion on the ramifications after inviting the Inspector General of Intelligence to give evidence before the committee. However, the Inspector General is required by law to consult with the President and the Minister of Police prior to disclosing classified information.
The committee fears that this consultation process will delay its proceedings beyond its stipulated time frame of the end of March, and the Legal Services opinion agreed with this assessment. Mr Tetyana advised that the mechanism set out in Joint Rule 81 read with Rule 7 of the Rules of the Joint Standing Committee on Intelligence may be useful in laying the basis for the Joint Standing Committee and the committee to confer on matters of interest to the committee.
In other committee business, the committee also rejected the request by convicted rapist Mr Thabo Bester to appear before the committee. The letter to the committee states: “Please note that we received telephonic instructions from our client that he wants to appear before the Ad Hoc Committee to give testimony that he asserts will be useful in advancing the mission and vision of the commission, and especially as it relates to testimony that has been adduced to date regarding him.”
Committee Chairperson Mr Molapi Soviet Lekganyane gave all committee members an opportunity to speak on the matter, after which he said that Mr Bester’s request is not justified. “Mr Bester is a convicted criminal who escaped from prison in this country and even skipped the country, according to the reports that we have had.”
Mr Lekganyane said the committee was at pains to avoid a situation in which Mr Bester raised the matter of his extradition to South Africa at the time of his arrest, which Mr Bester claims was an abduction. This matter is before the courts and Mr Lekganyane said it is for the courts to decide on this matter. “And if the courts have concluded on those matters, we cannot be an appeal body, in terms of South African law. He knows where such decisions would have to be appealed and, as Parliament, we must also be seen taking into account the lawful running of the country.”
Rajaa Azzakani
18 March 2026
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