Simon Nare
The parliamentary Police Ad Hoc Committee has recommended that National Assembly Speaker Thoko Didiza should refer DA MP Dianne Kohler-Barnard to the ethics committee for investigation for sharing classified information.
During a virtual meeting on Wednesday, committee members deliberated on Kohler-Barnard’s conduct for allegedly having leaked classified information as a member who previously served on the Joint Standing Committee on Intelligence.
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Kohler-Barnard was exposed by KwaZulu-Natal Provincial Commissioner Lieutenant-General Nhlanhla Mkhwanazi who during his testimony in the committee testified that she had disclosed details surrounding the purchase of a luxury hotel in Pretoria using a slush fund.
Kohler-Barnard was further alleged to have compromised covert operations by publicly sharing photographs and locations of Crime Intelligence safe houses which Mkhwanazi argued put the lives of undercover operatives in great danger.
Discussing the draft report of the committee on Wednesday night, the ANC submitted in the report that Kohler-Barnard should be taken to task for her conduct, arguing that her membership of JSCI was material and that her conduct raised concerns regarding the handling of intelligence-related information.
The ANC further submitted that, as a long-serving member of parliament and former member of the JSCI, she was aware or reasonably ought to have been aware of the responsibilities associated with the handling of classified or intelligence-related information.
DA MP Advocate Glynnis Breytenbach defended her colleague saying the entire ANC submission was misguided, arguing that Kohler-Barnard knew about the leaked information at the same time as everyone through the media.
“We don’t believe that there are any concerns about the conduct of honourable Kohler-Barnard. She dealt with information that was already in the public domain. Her job in the public interest was to point out extremes and extravagance. We don’t believe for one moment that Kohler-Barnard did anything wrong,” argued Breytenbach.
She added that her conduct did not warrant any investigation as she has not overstepped any Intelligence laws or ethical obligations.
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Breytenbach said what appeared to be confusing people was that Kohler-Barnard commented on the matter that was already in the public domain.
ANC’s Khusela Sangoni said for an MP of Kohler-Barnard’s integrity and experience on how classified information was handled she should have known better spread it further. “Jurisprudence is very clear on the further dissemination of classified information and to the best of our knowledge, there is a very strict legal distinction that separates your so-called insiders, people who have security clearance and the rest of the public.”
“We are speaking about a particular member, who has security clearance and who had previously served on the JSCI and understands exactly how the law treats the further dissemination of classified information,” argued Sangoni.
She said it was immaterial how Kohler-Barnard received the information, be it under the door or on public platforms but she was duty bound and obligated to ensure that information was not disseminated further and that was the core reason the ANC wanted her to be probed.
Patriotic Alliance MP Ashley Sauls said when he interrogated Kohler-Barnard on the matter, he was under the impression she knew more about the leaked information than what was already in the public domain.
“The point of contention is not whether it was in the public domain or not. The question was whether the information in the public was her source.”
“Did she find out about the information like the rest of South Africans found out by the media? The answer is no. Her source was not the media,” he argued.
Committee chairman Soviet Lekganyane, after listening to arguments said the DA had previously strongly argued that it could not have been Kohler-Barnard who had leaked the information and he and other members were swayed by that argument.
However, Lekganyane explained a leaked classified information doesn’t mean it has been declassified.
“I think I am persuaded to agree with honourable members who are supporting this submission. So, the submission stands supported,” said Lekganyane.
The ANC further submitted that Kohler-Barnard should not be eligible to serve in the JSCI and this submission was also supported by majority members with the DA strongly opposing, saying the party would deal with the matter if any investigation arises.
