Forensic consultant Paul O’Sullivan is preparing to face charges of kidnapping, extortion and intimidation on Friday just as the Hawks, under retired Judge Essa Moosa, will be looking at allegations of “biased and unlawful actions” by Gauteng Hawks head Major-General Prince Mokotedi.
O’Sullivan has asked the complaints unit to investigate the “gross abuse of power”, the “monstrous abuse of my constitutional rights”, and the “unlawful appointment of Mokotedi, as head of DPCI (Directorate for Priority Crime Investigation) for Gauteng”.
A perennial thorn in the side of the Hawks, O’Sullivan has claimed “certain factions” within the police have mounted a campaign of persecution, defamation and vilification that includes unlawful arrest, torture, and malicious investigations and prosecutions.
His complaint will be a litmus test for the unit’s independence. The unit is constituted within the South African Police Service, and does not enjoy constitutional independence at the level of Chapter 9 organisations, such as the public protector.
On Friday, the state will allege O’Sullivan kidnapped Cora van der Merwe by threatening that if she did not accompany him, she would never see her children again.
Van der Merwe was the whistle-blower at personal injury law firm Ronald Bobroff & Partners, which was placed under curatorship in March. At the time a candidate attorney, Van der Merwe was suspended from the law firm after she apparently gave confidential information on unlawful practices at the firm.
“Curiously, the alleged kidnapping took place in October 2014, yet Van der Merwe only comes forward with her case 19 months later being a few weeks after I was arrested on the Section 26 B allegations,” O’Sullivan told the complaints unit.
The war between Mokotedi and O’Sullivan goes back to the Jackie Selebi days. O’Sullivan is widely credited for bringing down the disgraced national police commissioner and Mokotedi testified for Selebi.
O’Sullivan was arrested this year for leaving the country on a foreign passport, while being a South African passport holder, in terms of the Citizenship Act.
He is the only person ever to have been arrested in terms of those specific provisions (26A and 26B) since their promulgation 12 years ago.