Scopa to consider police investigator's request to appear in-camera

Parliament’s standing committee on public accounts (Scopa) will try to persuade senior police investigator Brig Jaap Burger to appear before the committee to talk about his role in alleged corruption at Eskom.

This follows his non-appearance on Wednesday due to safety concerns.

Scopa chair Mkhuleko Hlengwa said the committee will seek advice about a request for Burger to appear in-camera, including the implications for such an appearance.

Several witnesses including former Eskom CEO Andre de Ruyter and President Cyril Ramaphosa's security adviser Sydney Mufamadi made references to Burger and his liaison role between De Ruyter, private investigators, law enforcement agencies and politicians.

Burger did not arrive for Wednesday’s meeting despite an instruction from his boss, national police commissioner Fannie Masemola, for him to do so.

Masemola told Scopa: “I did direct him to be here but I don’t see him. He did raise concerns around him appearing publicly. He raised concerns about his security and so on, I still said he should come but I do not see him here.”

He added that Burger had also requested to appear in-camera, as he was concerned about what would happen to him after appearing publicly before Scopa. “His main issue is after he presents here, what are the implications to himself and his life,” he said.

Hlengwa confirmed that Masemola raised Burger’s fears with him on Tuesday and he had told the police boss to provide Burger with security and that he should appear and present his concerns to Scopa. There was no indication the investigator would not be in attendance, said Hlengwa.

While MPs condemned Burger’s absence without notice, they were divided on the reasons for his not appearing, with some questioning how a police officer could be so scared while others understood his fears as indicative of the magnitude of risk associated with investigating Eskom-related corruption.

“I think it’s very concerning and disturbing if the national commissioner has given him instruction to be here and he is not here. But at the same I need to state that I understand his predicament if he is concerned about his safety. We are not here to compromise the safety of anyone or investigations,” said ANC MP Bheki Hadebe.

He said it would be better if Burger submitted the required information in writing.

Another ANC MP, Sakhumzi Somyo, agreed, saying that Burger informed Masemola about safety concerns which should be taken seriously.

“The depth of issues are indicative, if a brigadier of the police can say I am not safe, I don’t feel safe, I’m not comfortable (therefore) I can’t appear, you can imagine what would happen to a common citizen like myself if that is the situation. We need to be sensitive about such matters.”

While the DA’s Alf Lees sympathised with Burger, he pointed out that Burger’s name is already out in the public as he had been cited several times. Lees said Burger’s pictures and work details were published on his Facebook page.

“Burger must come, I have not heard any justification for him not to come,” said Lees.

In the end, MPs called on Masemola to ensure Burger is protected.

The meeting resolved that Hlengwa and parliament’s legal advisers will meet Burger to hear from him about his concerns about appearing before Scopa. This will help the committee craft a way forward.

It will also seek advice on the implications of the proposal, backed by police deputy minister Cassel Mathale that Burger should appear in-camera.

“The ultimate thing is that we (need to) engage Burger and hear from him,” said Hlengwa. Masemola designated Burger as the liaison with De Ruyter’s intelligence operation after the former Eskom boss met senior police officers, including Masemola, to request police assistance in investigating corruption at Eskom in June last year.

In his submission, De Ruyter claimed Burger had full access to the intelligence gathered and told him he had kept his line of command informed.

Meanwhile, SIU head Andy Mothibi revealed that the unit has since received the intelligence report commissioned by De Ruyter.

“We reached out to George Fivaz Forensics and Risk, which is the company that conducted the investigation. I can confirm that SIU has obtained this report.

“At last count, we were counting about 1,482 pages. It’s constituted by about 13 sub-reports, so we are now going through the report,” said Mothibi.

The report will inform further investigations of the SIU and referrals based on the outcomes the unit reaches. He said they want to deal with the report speedily to determine the course of action.

“In the main, to ensure that it informs where possible the proactive and prevention measures to fight the scourge of corruption at Eskom.”

Mathale said Hawks boss Gen Godfrey Lebeya has also since received a copy.