Legal opinion supports Kohler-Barnard’s participation

THE legal advice obtained by the DA says there is no basis for the party's MP, Dianne Kohler-Barnard, to excuse herself or be removed from the parliamentary inquiry into allegations of corruption in the criminal justice.

- MAYIBONGWE MAQHINA

The DA sought the legal opinion after KZN police commissioner Nhlanhla Mkhwanazi accused Kohler-Barnard of disclosing classified intelligence information at the parliamentary inquiry and Madlanga Commission, an allegation she has denied. She has been under pressure from the ANC, MK Party, the Patriotic Alliance and ActionSA to excuse herself or be removed.

During the meeting of the Ad Hoc Committee on Wednesday night, DA MP Glynnis Breytenbach said the conclusion reached by their legal advice was that there was no factual basis to conclude that Kohler-Barnard was biased, conflicted and could not participate in the inquiry.

She said the rules of the National Assembly and the code of conduct required an MP to withdraw when issues were considered or decided upon. The legal opinion said available facts showed that Kohler-Barnard did not reveal any information she obtained as result of her membership of the Joint Standing Committee on Intelligence.

She also, says the legal opinion, did not reveal information about the Crime Intelligence information that was not already in public domain, but she was the first to disclose information about the purchase of Berea property in Durban, including the address.