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Full disclosure to the accused is not given as part of process, which has consequences for the fairness of proceedings.
“as a matter of process, it means there is no full disclosure to the accused”
The reason the section 27 affidavit is important is that it started the investigation and the lead prosecutor needs to have sight of it.
“there is no controversy about what is the section 27 affidavit that started this investigation ... why it is important for the lead prosecutor to have sight of that section 27”
Investigations are sometimes found outside the parameters of initial legal sections (like section 27) but are justified under other sections such as 28(13).
“may not have been in the section 27... but when we do investigations under 28(13), then we end up finding stuff, and that becomes justification...”
The Commission's Evidence Leaders oppose the application to defer Mr Carrim's testimony to an indefinite date and want a specific date to be set for his appearance.
“the Evidence Leaders oppose that. And in their opposition, they say, we want him to come back on a specific date”
There is a distinction between opposition to the postponement as such and opposition to whether the postponement should be to a fixed or indefinite date.
“There is disagreement, but it is on the mechanics of the postponement rather than the narrower question”
The application for postponement of Mr Carrim's evidence today is opposed by the Commission's Evidence Leaders who want a definite date for Mr Carrim's testimony rather than an indefinite postponement.
“a correct proposition. You are asking for a postponement to an indefinite date ... The Evidence Leader so oppose that ... we want him to be given a date to come and appear. So there is an opposition to your application”
Mr Adams laid complaints with SAPS but the Inspectorate did not initially enquire with SAPS about these complaints, delaying the investigation process.
“When Mr Adams gives you an affidavit, the section 27, and he says, I have laid these complaints, and nothing is happening, or they have been intercepted, before you make the decision to investigate, is there a reason you do not enquire with the SAPS? They are your sister agency...Why is it not the first reaction, to find out where the complaint has been laid, before you demand the dockets?”
The suspicion regarding siphoning money from the secret service fund is expressed as a suspicion, not as a confirmed fact or allegation with specified reasons or evidence.
“It is a suspicion. It is not an allegation. ... He is not alleging any facts. In fact, he is not saying, I allege that they are siphoning money. He says, I suspect they are doing that.”
Mr O'Sullivan suggests Mr Mkhwanazi previously colluded in similar conduct and this undermines his credibility as a whistleblower in 2025 complaining about political interference.
“he previously colluded according to you, and then come July 2025 he decides not any more”
Mr O'Sullivan questions the significance of Mr Mkhwanazi speaking up about previous collusion and cover-up when investigating political interference.
“what difference does it make that, he has spoken up. We are investigating exactly that as a Commission, whether indeed there has been political interference”
Police officers with no experience in drug busts sometimes identify drugs without confirmatory tests like using a sniffer dog.
“police officers with no experience in drug busts have looked and said, yes, this is Cocaine, and they moved on. And basically they handled the suspect goods.”
Ordinary police officers are expected to call for a sniffer dog to confirm narcotics before handling suspected drugs.
“Ordinary police officer knows as part of training ... I must get canine ... to get a dog to come and sniff and confirm it is what it is before I move this stuff.”