PRETORIA - KwaZulu-Natal Hawks head, Leseja Senona, has accused the Madlanga Commission of unfair treatment and a “serial refusal” to provide him with information, including certain witness statements.
Senona, through his legal representative, Advocate Dali Mpofu, said that in one instance, he was told by a commission official that he did not need to know what other people had said about him when he requested a witness statement.
This was refuted by the Commission’s evidence leader, Mahlape Sello, who said Senona had not been denied access to any documents.
"His complaints stem largely from a view that we have failed to serve him with Rule 3.5 notices. These are notices based on testimony that is received in evidence by the commission. The witnesses, as he references, have not implicated him," Sello said.
LIVESTREAM | Leseja Senona returns to Madlanga Commission
Sello said that once a witness is implicated, the Commission is obliged to issue a notice granting them the right of reply.
"I understand the basic legal principle of everyone's right to face their accusers, I'm just at a loss with who in this context are the accusers to General Senona," she added.
The suspended top cop also raised concerns about the line of questioning. He wants the Commission to stick to the scope of his subpoena, adding that while he was willing to give evidence, he was doing so under “serious protest”.
"We understand the difference between being called here on specific accusations and therefore being entitled to the documentation and being asked to assist the commission with all that, but whichever category one falls in, they have a right to "face" their accusers and knowing what is going to be said, which they might have to respond to," Mpofu told the Commission.
Senona returned to the Commission on Friday for a second round of questioning. He is expected to shed more light on the disappearance of 541kg of cocaine in Port Shepstone.
Through Mpofu, he also accused the Commission of attempting to act as a “surrogate disciplinary process” for the police, bordering on a performance assessment.
Mpofu said Senona felt that the Commission’s questions were repetitive and that more than 50 percent of the issues he had been asked to address had already been covered during his first appearance in January.
He added:
"We might be wrong about this, but on our unscientific analysis, he is probably the witness who has been called back more than anyone else to come back here. It's quite oppressive to the general to have to repeat himself."
"That is not the core mandate of the commission," said Mpofu.
But Sello argued that while Senona may have covered some of the issues previously, as head of the Hawks, he must be questioned on new evidence obtained by the Commission.