Paul O’Sullivan Threatens Court Action Over Mkhwanazi’s Proposed Hawks Appointment
- Forensic investigator Paul O'Sullivan warned acting Police Minister Firoz Cachalia in a letter dated 29 October about the Mkhwanazi appointment
- O'Sullivan argued that Mkhwanazi does not meet the legal requirement of being a fit and proper person under the SAPS Act
- Forensics for Justice cited its role in the legal battle that overturned former Hawks head Berning Ntlemeza's appointment in 2017
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SOUTH AFRICA — Forensic investigator Paul O'Sullivan has threatened urgent judicial review proceedings to block the proposed appointment of KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi as national head of the Hawks.
According to Sunday World, in an email dated 29 October, directed at acting Police Minister Firoz Cachalia, O'Sullivan warned that his organisation, Forensics for Justice, would challenge the appointment in court unless the government either suspended the process or subjected it to public scrutiny.
"Whilst I do not wish to cross swords with you, I need to make it clear that any attempt to appoint Lt General Mkhwanazi will be met with an urgent judicial review to prevent such an appointment," O'Sullivan wrote.
The warning followed Cachalia's announcement that he had initiated the formal process to appoint Mkhwanazi as national head of the Hawks.
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O'Sullivan's legal objection to Mkhwanazi
O'Sullivan contended that Mkhwanazi does not satisfy the statutory requirement that the national head must be a fit and proper person.
"It cannot be legally possible that Lt General Mkhwanazi could be appointed as National Head of DPCI, as such an appointment would be in breach of Section 17CA (1) (b) of the Police Service Act," he wrote.
His objection rested on allegations he previously placed before Parliament's ad hoc committee investigating police corruption and the Madlanga Commission of Inquiry. He submitted documents to Parliament in February and March, followed by further submissions to the Madlanga Commission in June, which he believes contain evidence implicating Mkhwanazi in serious crimes, though those allegations have not established criminal wrongdoing.
O'Sullivan also wrote directly to officials in the Presidency, asking them to share his email with Cabinet before any decision is taken.
See X post from Sunday World here:
Ntlemeza precedent invoked
O'Sullivan drew a comparison to the legal challenge that ultimately ended the tenure of former Hawks head Berning Ntlemeza. The Helen Suzman Foundation and Freedom Under Law successfully challenged Ntlemeza's appointment on the grounds that the government had overlooked adverse judicial findings about his integrity. The Supreme Court of Appeal upheld the decision setting aside that appointment in June 2017.
He called on Cachalia to delay the process until outstanding criminal investigations are resolved, or alternatively to restart the appointment through a transparent public process that includes open applications, shortlisting, and public hearings.
Mkhwanazi sues O' Sullivan
Previously, Briefly News reported that KwaZulu-Natal Provincial Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi is suing forensic investigator Paul O’Sullivan for R5-million over his recent statements. Mkhwanazi has been in the spotlight since his explosive press briefing, where he alleged that organised crime groups have infiltrated the highest levels of President Cyril Ramaphosa’s government. O’Sullivan claimed that General Mkhwanazi is a criminal who runs a hit squad and is involved in corruption.
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Source: Briefly News
