Ex-SSA officer must seek SSA permission before testifying in Mkhwanazi inquiry

Former State Security Agency (SSA) officer, Xolile Mashukuca, has been given an opportunity to seek permission from the agency before giving testimony before the Ad Hoc Committee probing allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi.

Mashukuca, who was scheduled to give evidence on Tuesday and Wednesday, is one of the people who were scheduled to make oral submissions as part of the public participation process.

It emerged on Tuesday that he was not granted permission to testify by the SSA director-general.

Committee Chairperson Soviet Lekhanyane said on Wednesday the committee received correspondence from Joint Standing Committee on Intelligence Chairperson, Sylvia Lucas, that the SSA acting director-general has expressed concern that Mashukuca did not have permission from the security agency.

“In my conversation with the chair of the Joint Standing Committee on Intelligence, I expressed my concern that it would not be for us to inform the witness that he does not have permission.

“If they know there is a law to be followed, they are the ones who must inform the witness to comply with this law,” he said.

Lekganyane also said the SSA has since written to Mashukuca and that he has to apply before he appears before the parliamentary inquiry.

“They don’t stop him from appearing. He must apply and must satisfy that the evidence he will present is within the law. He must appear before them so that they satisfy themselves in accordance with the law.”

He added that they would allow Mashukuca to follow procedure and wait for the SSA response.

“We will see when we reschedule him,” said Lekganyane.

Patriotic Alliance MP Ashley Sauls asked whether other witnesses from Intelligence who appeared before the committee have had to go through the same procedure.

“They did come to testify and made a disclaimer that there are things they can't talk in public,” said Sauls.

In response, Lekganyane said the Intelligence officers were not from the SSA, but the SAPS Crime Intelligence Services.

He confirmed that SSA’s Robert McBride had appeared in compliance with the legislation.

When McBride appeared before the committee, there was an issue when he did not want to disclose his current employment, stating that the law prohibited him from doing so.

MK Party MP Sibonelo Nomvalo’s plea that Mashukuca be given an opportunity to speak when he raised his hand was refused.

Nomvalo said Mashukuca had been crying literally after spending two days testifying and stated that he won't share classified information.

“Are we scared that he will divulge information about prominent people in high echelons. It is unfair,” he said.

“We have been generous to people who testified on things that are outside our scope,” said Nomvalo.

Despite Sauls and MK Karty MP David Skosana backing Nomvalo, Lekganyane stood his ground.

He said Mashukuca must make the application to the SSA so that they know he was to testify before the committee.

“We have spoken to him during the break. We have agreed that once he has made the application, he must inform us so that they can respond to his application within a reasonable time,” said Lekganyane.

Nomvalo stated that the procedure should have been followed before Mashukuca came to Parliament.

“We made a mockery of the witness and when he comes, we raise non-existent technicalities,” he said before suggesting that there could be fears that Mashukuca would disclose information about the Phala Phala saga.

Lekganyane said no matter how compelling or justified the evidence could be, it has to come through proper channels.

“There is no way we are to jettison institutions of the state. The officers or employees of the SSA are regulated by law, including former employees,” he said.

“I don’t think any official or former employee can come here and plead ignorance regarding the need to comply,” he added.

On Tuesday, Mashukuca confirmed that he did not ask for permission and was unaware that he needed to do so.

“I am not aware of a provision of such a nature. I also operate in other capacities since I left that organisation,” he said, adding that his evidence did not arise from SSA activities.

mayibongwe.maqhina@inl.co.za