The parliamentary committee will sit for 18 working days.
Parliament’s ad hoc committee investigating KwaZulu-Natal (KZN) Police Commissioner Nhlanhla Mkhwanazi’s claims is making progress to get up and running.
The committee held a virtual meeting on Friday to receive a progress report on preparations for hearings.
This follows MPs’ adoption of the terms of reference, which will guide how the inquiry is conducted.
It was agreed that Mkhwanazi would be the first to appear before the committee, and that external legal support would be procured to lead the evidence-gathering process.
The committee has until 31 October to conclude its work.
Mkhwanazi ad hoc committee appoints evidence leader
Parliament’s Constitutional and Legal Services division was tasked with appointing senior counsel, and MPs were updated on the matter on Friday.
Thulisile Ganyaza-Twalo, unit manager for the ad hoc committee, confirmed that Advocate Norman Arendse has been appointed as evidence leader.
He will be supported by two advocates, Maria Mokhaoetsi and Lerato Zikalala.
Committee chairperson Soviet Lekganyane indicated that, in addition to Mkhwanazi, National Police Commissioner Fannie Masemola, Deputy National Police Commissioner Shadrack Sibiya, Police Minister Senzo Mchunu, Acting Police Minister Firoz Cachalia, and his deputies Polly Boshielo and Cassel Mathale have all been invited to testify.
“There is no eighth person who has been invited to appear before the committee, and there is no additional witness that has been invited,” he said.
The second batch of witnesses could include former police minister Bheki Cele, among others, according to Lekganyane.
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Lekganyane also clarified that no witnesses have yet been assigned a date to appear.
This came after Sibiya told the media this week that he was summoned to testify on 10 September.
“In the letters that we sent out, we requested all the witnesses to respond to the committee by the third of September.
“Also, because we had considered the urgency of the process, we had planned that the committee will start its work by the 10th of September,” the ANC MP explained.
He added that both Sibiya and Masemola have requested consultations with Arendse before finalising their statements.
Lekganyane further revealed that Mkhwanazi informed the committee that he would only be available after 24 September, as he is engaged with the judicial commission of inquiry led by Constitutional Court (ConCourt) Judge Mbuyiseli Madlanga.
The commission will operate independently of the ad hoc committee.
“So as it stands, all those witnesses that have been invited, five of them have responded.
“They are ready to do consultations with the senior counsel, and once consultations have concluded, they should be able to appear before the committee.”
Watch the meeting below:
Committee schedule
Lekganyane said the committee is aiming to begin its work on either 16 or 22 September.
He explained that if the committee begins on 16 September, MPs will have five weeks to complete their work.
However, if it begins on 22 September, which falls during the MPs’ constituency period, members of the committee will have to continue working through the parliamentary break.
“The plan that we suggest here is that by the 15th of October, the technical team must start preparing the report, which should be ready for the National Assembly on the 31st of October.”
According to the committee’s programme framework, if it commences on 22 September, it will sit for 18 working days.
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Should it become clear that the work cannot be completed in time, a request for an extension can be made to National Assembly Speaker Thoko Didiza’s office.
Lekganyane also confirmed that sittings could take place at Parliament’s Good Hope Chamber.
The possibility of holding some hearings in Gauteng — to accommodate witnesses who will also testify before the Madlanga commission — remains under consideration.
Each witness will be allocated a two-hour slot to testify, with the 13 MPs on the committee each given 30 minutes to pose questions.
Where necessary, witnesses may be required to testify over two days.
Mkhwanazi must be summoned
However, some MPs expressed dissatisfaction, saying Mkhwanazi should not dictate how Parliament conducts its work.
EFF leader Julius Malema proposed that the KZN police commissioner be summoned to appear.
“I think we must make one point very clear that we’re not going to be told by Mkhwanazi what must happen, what must not happen
“If we are looking for him, we have to find him, and if he’s not going to make himself available, we’re going to have to summon him,” he said.
“He’s the one who started this mess, and he’s going to have to take responsibility. He’s not going to tell us about commission this, commission that, and all of that.
“We don’t know what the commission is doing. We are not interfering with the commission, and the commission must never interfere with us. So Mkhwanazi must be summoned to this committee,” Malema added.
ANC MP Xola Nqola pointed out that 24 September is a public holiday and stressed that Mkhwanazi should appear before then as the first witness.
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Nqola supported the proposed date of 22 September, but cautioned against rushing the process.
“Of course, we are pressed with time, but I think part of what is important is that shouldn’t be hapzard in dealing with this matter.
“You know we are living in a highly litigious society; any step we take can result in us being taken for a judicial review on the findings, and we lose everything,” the ANC MP said.
He added that the committee may need to request an additional 30 days, extending the deadline to 30 November, in order to complete its work.
Democratic Alliance (DA) MP Glynnis Breytenbach and MK party member David Skosana agreed that an extension might be necessary.
Moreover, it was agreed that summoning Mkhwanazi would only be considered as a last resort, and that he should appear as early as possible.
Former police minister Bheki Cele will also be included in the first batch of witnesses.
Madlanga commission to start
Meanwhile, it was announced that the Madlanga commission will officially commence on 17 September, following delays caused by challenges in procuring ICT technology for its initial start date.
“The commission further notes that significant progress has been made by the appointed service providers to set up the various services in accordance with the commission’s requirements.
“It is anticipated that all work in this regard will be finalised in time for the commission’s hearings to commence without any further delays,” the commission said in a statement on Friday.
The Madlanga commission will conduct its work at the Brigitte Mabandla Justice College in Pretoria.
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