Subpoenas under scrutiny as Parliament moves to compel witnesses

Brown Mogotsi has refused to appear before Parliament’s ad hoc committee investigating police corruption, prompting the committee to issue a subpoena to the North West businessman.

Mogotsi says he is concerned about his safety and wants Parliament to foot the bill for his own private security detail.

Lawmakers are denying his request, saying he can use Parliament's Protection Services escort. However, the man accused last year at the Madlanga Commission of Inquiry of being a 'professional liar' has refused.

Parliament is now seeking to have him subpoenaed.

The move has raised fresh questions about whether the legal instruments are, in fact, as powerful in practice as they appear to be on paper (or TV legal dramas).

A senior lecturer in Criminal Law at the University of KwaZulu-Natal, Dr Suhayfa Bhamjee, says a subpoena is a serious legal instrument, and the penalties for failing to adhere to it can be steep.

"They're looking at fines, possibly a jail term, depending on how it escalates."

Once a subpoena has been properly served, Bhamjee says the expectation is clear.

"Ignoring a subpoena from court, it can be contempt of court, and in this case, you're possibly looking at contempt of Parliament."

Parliament has also taken steps to issue a subpoena to forensic investigator Paul O’Sullivan after he declined to attend the committee meeting in person last week due to safety concerns.

He did, however, offer to appear remotely, which the committee declined.

Bhamjee says the testimonies of both men are likely to be valuable to Parliament's investigation.

"There are critical issues that both of these men need to come and account for."

She adds that while the committee may be able to wrap up its investigations without the testimonies of the two men, that may not play out in their favour.

"[It may] perhaps even draw, as you would in court, adverse inference from these people not giving testimony."

To listen to Bhamjee in conversation with 702/CapeTalk’s Africa Melane, use the audio player below: