By Johnathan Paoli
Parliament’s ad hoc committee into alleged corruption within South Africa’s criminal justice system opened on Monday with MPs clashing over whether two of their colleagues could continue serving on the committee amid possible conflicts of interest.
Suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya was due to testify in response to explosive claims by KwaZulu-Natal Police Chief Nhlanhla Mkhwanazi that he helped engineer the disbandment of the Political Killings Task Team (PKTT) at the behest of suspended Police Minister Senzo Mchunu, on behalf of politically-connected underworld figures.
But before Sibiya could take the stand, the hearing was dominated by arguments over the presence of Democratic Alliance (DA) MP Lisa Schickerling and uMkhonto weSizwe Party MP David Skosana, both of whom recently laid criminal charges against individuals central to the enquiry.
Evidence leader and senior counsel Norman Arendse revealed that Skosana had filed a criminal complaint in July against Mchunu, Sibiya, and others, accusing them of fraud, forgery, and obstructing the course of justice.
Arendse warned that this could create a perception of bias, since Skosana would now be questioning a witness he had effectively accused of wrongdoing.
“You can’t ask a witness questions if you have already formed a view that the witness is guilty,” Arendse told the committee, urging MPs to resolve the matter privately and “in the spirit of fairness”.
DA MP Glynnis Breytenbach told the committee that Schickerling’s role as complainant in a fraud case against Mchunu created a reasonable suspicion of bias.
The DA, she confirmed, had withdrawn Schickerling and replaced her with Damien Klopper.
While the DA pre-empted any decision by the committee by withdrawing their member, the MKP refused to accept Arendse’s concerns.
MKP MP Sibonelo Nomvalo insisted that Skosana had filed the complaint on behalf of the party, not in his personal capacity.
“If Skosana must be recused, then the whole MKP must be recused,” Nomvalo argued.
He accused Arendse of offering “microwaved legal advice” and questioned his authority to make such recommendations.
The standoff revealed a deeper confusion over Arendse’s role.
Breytenbach clarified that the senior counsel was not Parliament’s legal advisor but rather an evidence leader tasked with managing witness testimony, while formal legal opinions must come from Parliament’s legal services.
ANC chief whip Mdumiseni Ntuli sought to calm tempers, proposing that Parliament’s legal team examine whether Skosana’s continued participation breaches the rules.
“In the meantime, we proceed with the hearing and await legal advice,” he suggested, a view supported by Freedom Front Plus MP Wouter Wessels.
But Patriotic Alliance MP Ashley Sauls disagreed, saying fairness demanded that all potentially conflicted members, including those from the DA, step aside until clarity was provided.
“It would not be fair for Sibiya to be questioned by people who have laid a criminal charge against him,” Sauls said.
MKP MP Vusi Shongwe accused committee chairperson Soviet Lekganyane of “victimizing” their members, while Nomvalo continued to demand that Arendse “cite the law” for his position.
Lekganyane defended both Arendse and the committee’s approach, saying the inquiry must adhere to “the rules of fairness” while recognising its non-judicial nature.
Parliament’s legal advisor Andile Tetyana ultimately clarified that the committee is not a judicial body and thus its members are not held to the same standard of impartiality as judges.
“This committee only enquires and reports to the House. Expressing strong views does not disqualify a member,” he explained.
Still, Lekganyane conceded that the perception of bias could create “practical problems” if witnesses objected to certain MPs’ presence.
He ruled that Sibiya would be allowed to proceed with his evidence, but said the matter of Skosana’s potential conflict would be referred to the Speaker for a formal legal opinion.
The committee adjourned briefly and Sibiya is set to return after a short break.
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