JOHANNESBURG - Suspended EMPD deputy chief Julius Mkhwanazi could be facing contempt charges for misleading the Madlanga Commission.
This comes after the commission accused him of lying about a deceased woman, he claimed was his mother.
Mkhwanazi was due to return before the Commission on 23 March, but he sought a postponement after informing evidence leader Mahlape Sello that his mother had died.
Presenting officials with documents before the Commission, Sello said Mkhwanazi lied that the person who had died was his biological mother.
Home Affairs documents obtained by the Commission, including Mkhwanazi’s birth certificate, proved otherwise and listed another woman as Mkhwanazi’s biological mother.
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Under scrutiny, he clarified that the woman was in fact his stepmother- though maintaining that she raised him as her own.
"I'm still saying that she raised me, she's, my mother. Yes, I was not born out of or from her, but she raised me since I was young. She took over from my grandmother who raised me," he said.
The question now is what the legal implications could be should the commission take this further.
What is perjury?
Legal expert Jazz Vilakazi explains that perjury is not a simple mistake, but a deliberate act.
“It's unlawful, and most importantly, it’s the provision of false testimony whilst either under oath or under affirmation. And that includes not only the spoken word, but also written deception, as it were, of misleading the court,” he explained.
Can the commission act against Mkhwanazi?
He said the Madlanga Commission has the authority to act if it believes that it was misled.
What must be proven?
According to Vilakazi, for Mkhwanazi to be held liable, several elements have to be proven, those being
- He made the statement whilst under oath or under affirmation
- The statements were made intentionally. Meaning nobody held a gun to his head to make a statement to mislead or provide false information
- If statements were made during legal proceedings.
Vilakazi said the consequences of misleading the commission are far-reaching.
READ | Mkhwanazi accused of misleading Madlanga Commission to secure
He said he said under the Commissions Act of 1947, if any person sworn or having made an affirmation gives false evidence, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding twelve months, or to both.
However, if the matter is referred to the National Prosecuting Authority (NPA), a criminal procedure act would be used.
In this case, there is a maximum imprisonment of 10 years, a substantial fine, or some sort of probation.