Former SSA officer required to obtain permission before testifying in Mkhwanazi inquiry

FORMER State Security Agency (SSA) officer Xolile Mashukuca has been instructed to obtain permission from the agency before giving testimony before the Ad Hoc Committee investigating allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi.

Mashukuca was scheduled to provide evidence on Tuesday and Wednesday as part of the public participation process. However, it was revealed on Tuesday that he had not been granted permission to testify by the SSA director-general.

Committee Chairperson Soviet Lekhanyane stated on Wednesday that the committee received correspondence from the Chairperson of the Joint Standing Committee on Intelligence, Sylvia Lucas.

This correspondence indicated that the SSA's acting director-general expressed concerns regarding Mashukuca's lack of 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.

Lekhanyane further explained that the SSA has since communicated with Mashukuca, indicating that he must apply for permission before appearing 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.

He also mentioned that the committee would allow Mashukuca to follow the necessary procedures and await the SSA's response.

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

Patriotic Alliance MP Ashley Sauls inquired whether other intelligence witnesses who had appeared before the committee were required to undergo the same procedure.

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

In response, Lekhanyane clarified that the intelligence officers were not from the SSA but from the SAPS Crime Intelligence Services. He confirmed that SSA's Robert McBride had appeared in compliance with the legislation.

When McBride testified before the committee, there was an issue regarding his reluctance to disclose his current employment, citing legal prohibitions against doing so.

MK Party MP Sibonelo Nomvalo’s request to allow Mashukuca to speak when he raised his hand was denied. Nomvalo noted that Mashukuca had been visibly distressed after spending two days testifying and insisted that he would not 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,” Nomvalo added. Despite support from Sauls and MK Party MP David Skosana, Lekhanyane maintained his position.

He reiterated that Mashukuca must apply to the SSA to ensure that the agency is aware of his intention 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 Lekhanyane.

Nomvalo argued that the proper procedures should have been followed before Mashukuca arrived at Parliament.

“We made a mockery of the witness, and when he comes, we raise non-existent technicalities,” he said.

Lekhanyane concluded by emphasising that, regardless of how compelling or justified the evidence may be, it must be presented through the appropriate 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 added.

“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 had not sought 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.

SUNDAY TRIBUNE