EFF opens case against O’Sullivan after Parliament walkout

Paul O’Sullivan walking out of the ad hoc committee on Thursday.

• The EFF has opened a case against Paul O’Sullivan for leaving a parliamentary committee without dismissal on Thursday.
• They allege that he violated Section 17(1)(c) of the Powers, Privileges and Immunities Act, which carries a penalty of one year of imprisonment.
• The committee plans to subpoena O’Sullivan if he fails to appear again, with National Assembly Speaker Thoko Didiza requesting a report for further action.

The EFF opened a case against former British Military Intelligence officer Paul O’Sullivan on Friday morning, after he walked out of the ad hoc committee investigating the underworld’s encroachment on the criminal justice system the day before.

If found guilty of the offence they accuse him of, he faces up to a year in jail.

O’Sullivan, a controversial figure, was called back to the committee on Thursday after his previous appearance two weeks ago was cut short when he said he suffered from severe back pain.

At around 13:15, while evidence leader, advocate Bongiwe Mkhize, questioned him, he got up and left the committee without being dismissed.

He previously indicated that he had to leave at 13:00 to catch a flight.

Mkhize presented evidence that contradicted his testimony that he had obtained a degree in electrical engineering, but showed that he was in fact qualified as an electric technician.

READ | Parliament ad hoc committee to recall O’Sullivan after walkout, EFF to lay charges

At the time O’Sullivan upped and left, she was dealing with the characteristics of members of criminal syndicates.

The EFF has now asked the police to investigate O’Sullivan for the contravention of Section 17(1)(c) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act.

This section states that a witness who fails “to answer fully and satisfactorily all questions lawfully put to him or her… commits an offence and is liable to a fine or to imprisonment for a period not exceeding 12 months or to both the fine and the imprisonment”.

In an affidavit to the police, EFF MP Leigh-Ann Mathys, who serves on the ad hoc committee and was present during O’Sullivan’s walkout, said O’Sullivan’s “departure was deliberate, voluntary, and in direct defiance of the authority of the committee”.

“This constitutes a prima facie contravention of Section 17(1)(c),” she said. “It is important to state that this obligation applies to all witnesses once under oath, whether formally summoned or appearing voluntarily.”

In an affidavit to the police, Mathys also noted that O’Sullivan sent a threatening message to a previous witness to the committee, former IPID investigator and now-suspended police minister Senzo Mchunu’s chief of staff, Cedrick Nkabinde, while he was before the committee.

She noted that O’Sullivan showed a pattern of disregard for Parliament’s authority in his dealings with the committee.

“The urgency of this matter cannot be overstated,” her affidavit read.

“The investigation conducted by the ad hoc committee has already produced serious prima facie evidence suggesting the existence of a wider network involving corruption, political interference within the South African Police Service, and the possible protection of organised criminal activity. Mr Paul O’Sullivan is not a peripheral figure in these proceedings, but a central witness of significant interest.”

EFF MP Leigh-Ann Mathys.

Mathys also noted that O’Sullivan had significant means, access to a private jet, and three passports.

Shortly after O’Sullivan’s departure on Thursday, the committee asked its legal advisors for an opinion, with an eye on further action.

National Assembly Speaker Thoko Didiza also requested a report from the committee with an eye on further steps.

The committee resolved to call O’Sullivan back, and if he doesn’t appear, they will subpoena him.

The committee will resume its work next week.