Parliament has rubbished claims that National Assembly Speaker Thoko Didiza is protecting or shielding Paul O’Sullivan and Brian Mogotsi from appearing before the Ad Hoc Committee established to investigate allegations made by the South African Police Service’s KwaZulu-Natal Provincial Commissioner Lieutenant General Nhlanhla Mkhwanazi.

Political parties have accused Didiza of shielding O’Sullivan and Mogotsi, after she declined to approve subpoenas for them.

“These assertions are incorrect and mischaracterise both the Speaker’s role and the legal basis upon which the decisions in question were taken,” said Parliament spokesperson Moloto Mothapo.

Mothapo said Didiza’s decision was made after “careful and considered” assessment of the committee’s requests.

“These are not decisions that can be taken arbitrarily. They are firmly grounded in the constitutional and legal framework governing Parliament’s powers, including the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, the Rules of the National Assembly, and the established principle that Parliament must act lawfully and rationally to avoid exposing its processes to unnecessary judicial review,” he said.

O’Sullivan offered to testify from a South African embassy but refused to appear in person, citing alleged death threats, while Mogotsi refused to appear unless Parliament funded a private security detail of his choice.

This after other witnesses testifying in the Madlanga Judicial Commission of Inquiry into Alleged Criminality, Political Interference and Corruption in the Criminal Justice System were assassinated or had attempts made on their lives.

In the committee’s investigation, Mothapo said witnesses’ security concerns were not properly engaged on.

“There is no indication, on the record, that the committee considered whether his [O’Sullivan] circumstances amounted to ‘exceptional circumstances’ under its own Terms of Reference, or to ‘sufficient cause’ as contemplated in law,” said Mothapo.

He also placed it on record that O’Sullivan cooperated with the committee by engaging with its evidence leaders virtually and by submitting a written statement.

Mothapo highlighted that Didiza requested that the committee properly engage with the reasons given by both witnesses and show how those concerns were considered and addressed.

The Speaker wants evidence on whether O’Sullivan’s application to appear virtually was formally tabled, and whether members considered his reasons, including his location abroad and security concerns.

She also wants to know if a reasoned and legally justifiable decision was reached and properly recorded; whether Mogotsi’s security concerns were formally tabled and considered; whether the nature and credibility of the risks he raised were assessed; if the reasonableness of proposed security measures was evaluated; and whether any threat or risk assessments were considered.

Meanwhile, the Ad Hoc Committee is expected to complete its work by February 20.

Last year, President Cyril Ramaphosa extended the deadline for completion owing to the workload of the committee.

The committee’s initial deadline was end of October 2025, which was extended to end of November 2025.