Nkabinde Faces Criminal Charges After "Thumb-Sucking" Affidavit Angers MPs
Cedrick Nkabinde, the chief of staff for suspended Police Minister Senzo Mchunu, is facing potential criminal charges after admitting to providing inaccurate information in his affidavit to a parliamentary inquiry investigating police corruption. Nkabinde's appearance before the ad hoc committee was cut short on Thursday after MPs expressed their frustration with his testimony, deeming it unreliable and unprepared.
The Economic Freedom Fighters (EFF) have already taken action, laying criminal charges against Nkabinde for providing what they consider to be false testimony. EFF deputy secretary Leigh-Ann Matthys stated, "We maintain that those who appear before parliamentary committees must do so with honesty, integrity, and full appreciation of the seriousness of giving evidence under oath. Parliament is not a place where politically convenient lies may be told without consequence. It is a constitutional institution tasked with uncovering the truth, and any individual who attempts to frustrate that responsibility through deceit must be held fully accountable under the law."
Nkabinde attempted to explain the discrepancies in his affidavit by claiming he lacked access to his cellphone and laptop, which had been confiscated during a raid last month. However, these excuses were met with scepticism by committee members. He stated that he had to "thumb-suck" information due to this lack of access, a comment that particularly infuriated MPs.
Adding to the issues, Nkabinde also presented incorrect dates regarding Mchunu's visit to Lusikisiki in the Eastern Cape following the murder of 18 people last year. He incorrectly stated the visit occurred in September instead of October.
Another inconsistency highlighted was Nkabinde's claim that he received Brown Mogotsi's phone number from Mchunu around October or November 2024. However, evidence presented to the committee indicated that Nkabinde had confirmed Mogotsi's number on 30 September 2024.
EFF leader Julius Malema argued that Nkabinde's poor preparation was also the responsibility of the evidence leaders, stating that the proceedings should continue. "It is incorrect that we want to put the whole blame on that chap (Nkabinde) without making reference to our senior counsel," Malema said. He suggested that Nkabinde should rework his affidavit, rather than simply blaming the lack of his devices for his inability to prepare adequately. Malema further added, "So this guy (Nkabinde) deliberately misled us. No one must come here and play with this committee. I don’t think he would have done that with [the] Madlanga [Commission]."
Committee chairperson Soviet Lekganyane echoed the sentiment that Nkabinde's excuses were insufficient. He dismissed the notion that the lack of access to his cellphones and laptops could be solely blamed for the poor quality of his evidence and witness statement. Lekganyane urged Nkabinde to reflect on his conduct, stating, "So go and look at yourself in the mirror. When you look at that mirror, see morality written in the mirror, and read it and understand what it is. See integrity in the mirror, see ethics in the mirror. See all the values in Section 195 of the South African Constitution and internalise them. Then make a statement." Lekganyane instructed Nkabinde to return with a revised witness statement within 10 days.
MK Party MP David Skosana emphasised the seriousness of Nkabinde's admission that he had "thumb-sucked" his statement. "For us to continue with him, we’ll have challenges in the end. He must go back and prepare himself with his lawyers, not with our legal team," Skosana stated. His colleague, Sibonelo Nomvalo, warned that proceeding with Nkabinde's current statement would negatively impact the credibility of the committee. "We must avoid trouble while it is still far away at all costs. We can’t proceed under these circumstances; we will compromise the credibility of our work," Nomvalo said.
DA MP Ian Cameron expressed his concern that Nkabinde was not taking the matter seriously enough, stating, "I respectfully don’t see him taking it seriously enough." He recommended that Nkabinde return to the drawing board to properly prepare.
However, Patriotic Alliance MP Ashley Sauls disagreed with the call to halt proceedings entirely. Sauls argued that Nkabinde had clearly lied under oath. "Does that mean we should stop the entire proceedings and let him go and redo the entire affidavit?" he asked. Sauls drew a parallel with General Mkhwanazi, who had previously lied under oath about his testimony regarding former police minister Bheki Cele, but later withdrew the testimony and apologised. Sauls added, "General Mkhwanazi lied. Mr Nkabinde lied. They are both wrong. If you stop the proceedings for Nkabinde, they must tell Mkhwanazi to redo his affidavit, and they must restart the whole process."
Responding to Sauls' assertions, Arendse clarified that Mkhwanazi had corrected his allegation against Cele and provided a new affidavit, placing the situation in a "different category."
The committee's proceedings are scheduled to resume next Tuesday, where Nkabinde is expected to present his revised witness statement. The inquiry continues to delve into allegations of police corruption, with Nkabinde's testimony now a central point of contention. The potential for criminal charges against him underscores the gravity of providing false information to a parliamentary committee.
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