. Members of Parliament (MPs) have said that there is some uncertainty regarding whether evidence leader Advocate Norman Arendse SC, would be included in the Powers, Privileges and Immunities of Parliaments and Provincial Legislatures Act, 2004. Cedrick Nkabinde, the chief of staff of suspended police minister Senzo Mchunu, has demanded an apology from Parliament's Ad Hoc committee evidence leader for remarks he made on Wednesday.
The committee is looking into allegations of police corruption made by Lieutenant-General Nhlanhla Mkhwanazi, the police commissioner for KwaZulu-Natal. In a letter to Arendse dated October 17, Nkabinde’s lawyers, Lawtons Africa, said the remarks were made on October 15, when suspended deputy police commissioner Lt-Gen Shadrack Sibiya appeared. The letter states, "Arendse SC made reference to our client's name during the course of these proceedings, and at around 7:16:14 and after the Chairperson had made a ruling that the evidence leader, Advocate Norman Arendse SC, ("Arendse SC") must clarify certain issues that needed clarity."
“In response, Lieutenant General Sibiya confirmed that he knew Mr. Nkabinde and identified him as the Chief of Staff to the Minister of Police. Arendse SC, subsequent to asking Lieutenant General Sibiya whether he knew several people (mentioned in the same line with our client), then made a remark that ‘these are all people who are mentioned in the WhatsApps …they are all linked to the drug cartels operating in Gauteng’.” The letter states that “these statements and insinuations, made in a public forum and broadcast to the wider public, are not true and they are a clear and defamatory implication that our client is involved in criminal activities, specifically in relation to so-called drug cartels and organised crime, operating in Gauteng”.
The letter says that Nkabinde wants Arendse SC to stop saying things that "associate or imply to associate our client with any so-called criminal syndicates and/or drug cartels operating in Gauteng" and that he will "completely and unequivocally public retraction of the defamatory statements made or implied." According to the spokesperson for the Ad Hoc Committee, Arendse SC would be in the best position to comment. He has been contacted for comment, but has yet to respond. The Ethics Committee would have to weigh in on the matter, according to DA MP Ian Cameron, because "that could be quite a hefty punishment." Cameron stated that he is unsure of the extent to which the 2004 Powers, Privileges, and Immunities of Parliaments and Provincial Legislatures Act would extend, as well as whether it would include Arendse as the evidence leader.
“I think Nkabinde is, as the Afrikaans saying goes ‘soos ‘n kat op ‘n warm plaat’ (like a cat on a hot tin roof). He can then present his case to the Ad Hoc Committee by simply waiting for his turn. Sibiya is the same way; everyone runs around frantically. They all make statements that they will later need to explain because they want to hurry to the first TV interview. I think Nkabinde made a mistake by first of all doing that so-called press conference that he tried to do a couple of weeks ago. “That seriously damaged his credibility, and I believe he should just come to the Ad Hoc Committee and make his case; he is going to have his day.
Cameron said that the evidence leader’s job is to probe things and that he may ask questions that could be extremely uncomfortable. “It could even insinuate certain things… but as long as it’s within the terms of reference of the Ad Hoc Committee. I can't see how that could be wrong. ANC’s Khusela Sangoni-Diko said that it is unfortunate that Nkabinde would choose this route, “which seems like a tactic to distract and intimidate the evidence leader”. “Mr Nkabinde has been invited to the Ad Hoc Committee precisely to respond to any allegations levelled against him. We have faith that he will make use of that chance to present his version of the truth.
At a meeting on Wednesday, the Ad Hoc Committee that is looking into the allegations made by KwaZulu-Natal police commi...
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