By Marcus Moloko
The Economic Freedom Fighters (EFF) has formally opened a criminal case against forensic investigator Paul O’Sullivan following his walkout from Parliament’s ad hoc Committee while under oath.
The EFF Parliament Caucus, led by Chief Whip Noluthando Nolutshungu, arrived at the Cape Town police station on Friday morning to lay charges against O’Sullivan.
ALSO READ: Gxasheka denies shielding Mkhwanazi as Madlanga Commission probes Ekurhuleni power struggles
The party accuses him of violating the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004 (Act No. 4 of 2004), which makes refusal to give evidence or contempt of Parliament a criminal offence punishable by a fine or up to 12 months’ imprisonment.
In a statement the EFF said: “Paul O’Sullivan walked out of the Ad Hoc Committee while still under oath and refused to continue giving evidence before Parliament. The EFF regards this conduct as a direct violation of the Powers, Privileges and Immunities Act. Section 17 of the Act stipulates that refusing to give evidence, failing to remain in attendance, or committing contempt of Parliament may constitute an offence. Section 27 provides that anyone convicted of such an offence could face a fine or imprisonment for a period not exceeding 12 months, or both.”
EFF MP Leigh-Ann Mathys explained that the party was compelled to act because the Speaker of the National Assembly failed to intervene.
“As the whole country saw yesterday, Paul O’Sullivan appeared before the Ad Hoc Committee and walked out before proceedings were concluded. According to the Powers and Privileges Act, Section 17, he is in contempt of Parliament, and it carries a criminal offence,” Mathys said.
ALSO READ: Ex-ActionSA councillor accuses party of misleading voters
She criticised the Speaker’s response.
“The Speaker did not act as she should have. We allowed her until 23:30 when proceedings ended to act, but she wrote back to our Chief Whip last night saying she is waiting for a legal opinion. We knew she was not going to act, and that is what brings us here this morning.”
Mathys further accused Parliament of being “captured” and protecting O’Sullivan, whom she described as a “fraudster” with questionable citizenship and no formal qualifications in criminal justice.
“We are dealing with what looks like a captured Parliament that has no interest in the people. Instead, they are protecting someone who was even training our police without any qualifications. There is no outrage, no accountability, and that is why we are here – to protect the country and stand up for our constituency,” she said.
O’Sullivan abruptly walked out of the Parliamentary Committee session on Thursday, while the committee was probing allegations of police corruption and political interference within the criminal justice system.
O’Sullivan repeatedly informed the committee he needed to leave by 1 PM to catch a flight to Johannesburg.
ALSO READ: Skosana brands O’Sullivan a ‘spy’ as ad hoc committee hearing turns explosive
The session was marked by heated exchanges with MK Party MP David Skosana repeatedly calling O’Sullivan a “spy and a thug,” while EFF leader Julius Malema also challenged O’Sullivan’s testimony.
O’Sullivan maintained that since he appeared voluntarily and not under subpoena, he was free to leave at his own discretion.
“I came here of my own free will, and I am leaving,” he said.
Members of Parliament (MPs) expressed outrage, describing the exit as an “affront to Parliament’s authority”.
The EFF and MK Party have called for his immediate arrest and for the National Assembly Speaker to lay formal criminal contempt charges.
During the exit, MKP MP Skosana attempted to physically block the door to prevent O’Sullivan from leaving.
Committee Chairperson, Soviet Lekganyane, has instructed Parliamentary legal advisors to determine the next steps.
The committee intends to formally recall him to finish his testimony, with the potential of issuing a subpoena if he refuses to return.
Before leaving, O’Sullivan was forced to apologise and retract an earlier remark in which he told the committee, during a media interview, to “póg mo thóin” (an Irish Gaelic phrase meaning “kiss my ass”).
INSIDE POLITICS