Commissioners

Advocate Johnson describes the emotional difficulty and human impact of engaging with a victim child of the Murray murders who complained about police inaction, which influenced his decision to reduce contact with General Khan.

“Here I get to engage a victim who has lost his father and his brother in a very violent way. It is very difficult, Commissioners, when you are sitting with a child who is now parentless and brotherless. He is raw of emotions sitting in front of you. But it is not just the emotion. It is the complaint about the police not doing their work.”

Without proper contracts and bank records, it is difficult to analyze and confirm the payment transactions and their true nature.

“Not entirely, Commissioners, because there are no contract details. So with just these amounts appearing, it can only be deducted with the bare information that is in front of us, but it would need a proper investigation into the matter to subpoena the bank for the actual bank accounts in order to be able to calculate and be able to do a proper analysis.”

Mr O'Sullivan requests the Commissioners to keep an open mind regarding the issues raised in the allegations.

“... I have requested the Commissioners to keep an open mind. I keep an open mind on these issues.”

The Commission rules require that a witness become available and answer questions to the Commission's satisfaction, and Commissioners are entitled to recall witnesses to determine correct factual positions.

“our rules require that a witness be come available and answer the questions to the satisfaction of the Commission... Commissioners are entitled to recall a witness to assist them in determining the correct factual position.”

Advocate Mpofu clarifies that responses to letters like the one from the Commission are coordinated by the Commissioners and not made on individual initiative.

“Something like this comes to the Commissioners, that you gave a ruling, we now have this letter. So, where she says you are required to comply, it is a communication that comes from the Commission”

It is Commissioners who decide what happens to implicated people, not the Evidence Leaders.

“It is Commissioners who decide what happens to Mr Mogotsi and other people who are implicated. It is not the people who lead evidence. Their job is to present the evidence to the Commissioners, and the Commissioners decide what happens to all the people who are implicated.”

Commissioner Mkhwanazi indicated that he did not have the opportunity to look afresh at the wording of the statement before signing it and that the Commission is now giving him the opportunity to do so.

“As I have said before that last time I signed , and I feel that justice was not done on me, Commissioners ... I did not have that opportunity ... at least now you are giving me an opportunity to sit on a tea break ...”

Commissioner Mkhwanazi expressed concern that justice was not done to him regarding his supplementary statement submission and made an amended statement to raise the issue with the Commission.

“I feel that justice was not done on me, Commissioners ... I made an amended statement, because I wanted to raise that with the Commission ... If the Commissioners say no, it is out, it is out, but we have also submitted it too.”

The speaker states they did their part in providing information and did not go further than handing over info for investigation, but were excluded from further consultation without explanation.

“I have done my part. I intend there. I did not do anything further and I end there... I was isolated, not consulted for the reason known by them, but now I must come nowhere and explain the reason why I was excluded, whereas I started this.”