Economic Freedom Fighters MP Julius Malema asked why Paul O’Sullivan stated in his affidavit that the committee could not ask him questions regarding events before 1990. (@EFFSouthAfrica/X)
Private forensic investigator Paul O’Sullivan told parliament’s ad hoc committee that he would not answer questions related to his family and business interests before 1990.
Testifying on Tuesday before the committee which is investigating corruption in the criminal justice system, O’Sullivan insisted that his personal background was off limits.
Economic Freedom Fighters MP Julius Malema asked why the investigator had stated in his affidavit that the committee could not ask him questions regarding events before 1990.
“I’ve never heard a witness who gives an affidavit saying to us, ‘you can’t ask me this or that’. When he took an oath, he committed to answer all the questions and do so truthfully,” said Malema.
O’Sullivan said he included the request for personal security. He said there had been 10 attempts on his life and he was shot three times in 1996.
“Unfortunately the criminal elements, what they try to do, they try to find out things about which are of a personal nature,” he said.
O’Sullivan was implicated in police corruption at the Madlanga Commission by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi. He said it was an open secret that O’Sullivan had links to suspended deputy national police commissioner Shadrack Sibiya.
Mkhwanazi said O’Sullivan accused him of corruption after he mentioned Sibiya during his highly charged media briefing in July last year. He subsequently invited O’Sullivan to present his evidence before the commission.
Cedrick Nkabinde, the chief of staff to suspended police minister Senzo Mchunu accused O’Sullivan of corruption before the ad hoc committee. He testified that he received threatening messages from O’Sullivan before his appearance at the committee.
Nkabinde said that O’Sullivan had extensive links within the Independent Police Investigative Directorate, South African Police Service and the National Prosecuting Authority describing his influence as “the real state capture”.
On Tuesday, O’Sullivan said he was not willing to provide information about his business interests, family and properties. He would provide information to suspects on trial for his murder attempts, he said.
“I made it clear that I’m not going to be providing that information. It’s just not going to be advanced. We can sit here all day and you can ask me a million questions. I’m not going to provide that information,” he said.
Malema said O’Sullivan is not allowed “to write his own questions and answer them”.
“What if there is an allegation you were handling certain activists of the liberation movement that happened before 1990 and that’s why you have certain relationships you have with them today?” he said.
Malema pushed back against O’Sullivan’s claim that criminal networks would obtain his personal information during testimony about his history before 1990.
“That has nothing to do with criminality. That’s got everything to do with trying to demonstrate that you’ve captured the criminal justice system way before even 1994,” said Malema.
He urged the committee to compel O’Sullivan to answer every question fielded to him during his testimony.
UMkhonto we Sizwe MP Skosana said O’Sullivan’s request was “problematic” as he made allegations of criminality in his affidavit, which happened in 1978.
“He’s contradicting his own statement here,” Skosana said.
ANC MP Xola Nqola said O’Sullivan’s oath urges him “to answer fully and satisfactory”, adding the committee had questions about events that happened before 1990 that the witness mentioned on his own volition.
“We shouldn’t accept that there are matters before 1990 that shouldn’t be responded to,” he said.
Committee chairperson Soviet Lekganyane said O’Sullivan was required to answer all questions.
“These members, if by chance they have any matter prior to 1990 that they want to probe with you, please respond to those questions,” he said.
O’Sullivan clarified his affidavit, stating he would not engage in discussions concerning his family, background, education or business interests in South Africa or overseas prior to 1990.
“If any member has a question about any event that happened prior to 1990 that does not impinge on my personal security or safety, I have no problem with that question,” he said.
Lekganyane said previous witnesses have answered questions related to family members involved in criminality.
“Let me say this to you; let’s cross that bridge when we get there. What we will not allow here is you to prescribe what you should be or what you should not be asked,” he said.
