Paul O’Sullivan threatens court action over Mkhwanazi’s appointment as new Hawks chief

Paul O’Sullivan has threatened legal action over Lieutenant-General Nhlanhla Mkhwanazi’s appointment as the new Hawks chief.

Image: Armand Hough / Independent Newspapers

Political analysts have questioned the motives behind Paul O’Sullivan’s threat to challenge Lieutenant-General Nhlanhla Mkhwanazi’s appointment as Hawks head, suggesting the dispute could be rooted in their longstanding personal and professional conflict.

The legal threat comes after Acting Police Minister Firoz Cachalia initiated the formal appointment process on Thursday, setting the stage for a possible confrontation over Mkhwanazi’s suitability to lead the Directorate for Priority Crime Investigation (DPCI), the Sunday Tribune reported.

O’Sullivan, acting on behalf of his organisation, Forensics for Justice, reportedly warned that it would legally challenge the appointment unless the government suspended the process or opened it to public scrutiny.

He argues that Mkhwanazi does not meet the requirements of Section 17CA(1)(b) of the South African Police Service (SAPS) Act, which stipulates that the national head of the Hawks must be a “fit and proper person”.

His objection is based on allegations of serious criminal conduct that he submitted to Parliament’s ad hoc committee and the Madlanga Commission. These allegations have not been established as fact.

KwaZulu-Natal police spokesperson Robert Netshiunda told the Sunday Tribune, when approached for comment, that Mkhwanazi would not comment on the matter.

Political analyst Zakhele Ndlovu believes O’Sullivan’s opposition to the appointment may have less to do with the public interest than with personal grievances and concerns about losing access to investigations.

Ndlovu said the dispute could also be linked to resentment over Mkhwanazi’s public allegations that O’Sullivan had connections to foreign intelligence agencies, claims which he believes have affected O’Sullivan’s professional standing.

O’Sullivan had not responded to questions sent on Friday afternoon.

Experts say Paul O’Sullivan’s legal threat against Nhlanhla Mkhwanazi’s appointment as Hawks boss is fueled by past personal friction.

The tensions between the two men became public in July 2025, when Mkhwanazi accused O’Sullivan of being a foreign spy and working with foreign intelligence agencies during a high-profile media briefing.

Wearing Special Task Force combat fatigues and accompanied by armed tactical officers, Mkhwanazi used the briefing to outline allegations of criminal infiltration and political interference within South Africa’s security structures.

Among his claims was that O’Sullivan was operating as a foreign intelligence operative under the guise of an anti-corruption activist.

O’Sullivan subsequently rejected the accusations during his testimony before Parliament’s ad hoc committee on February 10, where he was questioned about alleged political interference and corruption.

“Since living in this country, I have not been involved in any way, shape or form with any intelligence activity whatsoever,” he told the committee.

He did, however, acknowledge having previously worked in counterterrorism and counterintelligence for the British Army.

The dispute has also resulted in legal action between the two men.

Mkhwanazi initially instituted a R5-million defamation claim against O’Sullivan in the South Gauteng High Court over separate remarks in which O’Sullivan allegedly accused him of corruption and links to organised crime.

In October 2025, O’Sullivan filed a counterclaim seeking R10m in damages, arguing that Mkhwanazi's allegations about his purported foreign intelligence connections, made during parliamentary testimony and at the Madlanga Commission, were defamatory.

Chad Thomas, chief executive of IRS Forensic Investigations, a company specialising in financial and organised crime investigations, believes O’Sullivan is using Forensics for Justice to advance his own agenda and influence matters involving state institutions.

O’Sullivan himself faced intense questioning before Parliament’s ad hoc committee over allegations of unlawful interference in state institutions, political manipulation and involvement in the downfall of former police commissioners Jackie Selebi and Khomotso Phahlane.

The hearings examined whether O’Sullivan had improperly influenced law enforcement agencies to pursue personal vendettas or had legitimately assisted the state in tackling systemic corruption.

Phahlane, who also appeared before the committee, described himself as the target of a co-ordinated political attack and media smear campaign allegedly driven by O’Sullivan and former Independent Police Investigative Directorate (IPID) head Robert McBride.

He claimed he had been targeted because he “refused to hand over control of the SAPS” to O’Sullivan’s private interests.

Thomas questioned the legitimacy of Forensics for Justice's positioning as a civil society organisation.

“It’s a mockery for O’Sullivan to compare his organisation with the likes of genuine NGOs and NPCs,” he said.

“Everything with O’Sullivan is personal. He hitched his wagon to Sibiya a long time ago and when Mkhwanazi laid out the facts at his July 2025 presser, O’Sullivan came out blazing against Mkhwanazi and Fannie Masemola (National Police Commissioner).

“So far, Mkhwanazi has been right about everything and O’Sullivan has gone very quiet about his support for Sibiya,” he added.

Thomas further suggested that O’Sullivan’s conduct over the years pointed to what he described as an agent provocateur.

“For someone who claimed so vehemently to be anti-corruption, one would have expected him to embrace Mkhwanazi’s exposé on what was happening in the police, instead O’Sullivan chose to deride and vilify him.”

Political analyst Professor Andre Duvenhage said he was uncertain about the precise nature of O’Sullivan’s objections to Mkhwanazi, but suggested jealousy could potentially be a factor.

“We have seen that Mkhwanazi came out and took a firm stance on a number of issues. And I believe that he is probably the best person I know about at the moment to be in leadership of the Hawks,” he said.

O’Sullivan has also previously made allegations involving Mkhwanazi and National Police Commissioner Fannie Masemola, claiming the two senior police officials received luxury Louis Vuitton bags from businessman Inbanathan Kistiah of I-View Integrated Systems.

According to O’Sullivan’s allegations, the bags contained approximately R100,000 each and were allegedly provided as rewards or kickbacks linked to irregular or inflated SAPS bulletproof vest contracts.

However, when questioned about the allegations during his testimony at the Madlanga Commission in June, O’Sullivan conceded that he did not have proof to substantiate them.