The Economic Freedom Fighters (EFF) on Friday laid a criminal charge against forensic analyst Paul O’Sullivan for allegedly contravening the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, No. 4 of 2004, saying his refusal to complete recent testimony raised concerns of potential obstruction of accountability processes.

This after O’Sullivan abruptly exited a hearing of the Ad Hoc Committee, established to investigate allegations made by the South African Police Service’s (Saps’) KwaZulu-Natal Provincial Commissioner Lieutenant-General Nhlanhla Mkhwanazi, while still under cross examination.

The EFF argued that this conduct violated Section 17 of the Act, which stated that a person who refused to give evidence, or failed to remain in attendance without being excused, could be held in contempt of Parliament.

In its affidavit, EFF deputy secretary general Leigh-Ann Mathys mentioned that O’Sullivan walked out despite objections raised by members of the committee and the committee chairperson.

“…his departure was deliberate, voluntary and in direct defiance of the authority of the committee.”

Mathys said this constituted a prima facie contravention of Section 17.

O’Sullivan returned to conclude his testimony on Thursday. He first appeared before the committee on February 10 following National Assembly Speaker Thoko Didiza’s refusal to issue subpoenas on him and businessman Brown Mogotsi.

Mathys claimed that O’Sullivan showed disrespect for the authority of the chairperson, refused to comply with lawful questioning and that he interfered with witnesses.  

She said Parliament could not function effectively if witnesses were permitted to take an oath, answer selectively and then abandon proceedings at their will.

She highlighted that the investigation had already produced “serious” prima facie evidence suggesting the existence of a wider network involving corruption, political interference with the Saps and possible protection of organised criminal activity.

“Mr O’Sullivan is not a peripheral figure in these proceedings, but a central witness of significant interest.

“His refusal to complete his testimony under oath raises reasonable concern regarding potential obstruction of accountably processes,” said Mathys. 

She pointed to the need for urgency in the matter, claiming that O’Sullivan was a person of “substantial means”.

“I therefore demand that the South African Police Service register and investigate this matter with immediate effect and ensure that no delays or institutional conflicts of interest undermine the administration of justice,” urged Mathys.

Meanwhile, Didiza has requested an urgent report on the matter from the chairperson, indicating that action may be considered in terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act and the rules of the National Assembly to safeguard the integrity of Parliament.