The joint meeting of the portfolio committee on police and the portfolio committee on justice and constitutional development has resolved to recommend the establishment of an ad hoc committee, to address the allegations made by KwaZulu-Natal provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi.
The decision follows deliberations mandated by the speaker of the National Assembly, who referred the matter for urgent consideration. The formal adoption of the ad hoc committee is scheduled to take place next week.
The committees were briefed by the parliamentary legal services office, which outlined the constitutional and procedural framework for parliamentary oversight. Andile Tetyana, representing legal services, stated that while parliament was empowered to scrutinise executive action, it must do so within the bounds of the separation of powers.
“Parliament’s control over the executive means influence, not direct power. It remains advice, not command; criticism, not obstruction,” he said.
Tetyana explained that the allegations raised by Mkhwanazi fell within the oversight mandate of the committees, as defined by section 199(8) of the constitution and the Parliamentary Oversight and Accountability Model. He noted that rule 89 of the National Assembly Rules, which limits discussion of matters before the courts, should not be interpreted in a way that prevented parliament from performing its oversight function.
“The sub judice rule must be applied narrowly, in line with the guidance of the Supreme Court of Appeal in the Midi Television judgment,” he said.
The legal presentation identified several issues for parliamentary scrutiny. Those included the alleged unlawful closure of the Political Killings Task Team by the police minister, the removal of 121 case dockets under the direction of deputy national commissioner Shadrack Sibiya, a moratorium on filling vacancies in the Crime Intelligence Unit and allegations of political interference in procurement processes and jurisdictional overreach by the Investigating Directorate Against Corruption (Idac).
Tetyana presented three options for the committees’ consideration. The first was a full investigative inquiry under the Powers and Privileges Act, which he cautioned could duplicate the work of the Madlanga Commission. The second was the establishment of an ad hoc committee under rule 253 of the National Assembly Rules.
The third was for the two committees to exercise their conferring powers under rule 169 and conduct joint oversight within their existing mandates.
Following deliberations, the committees resolved to pursue the second option. The ad hoc committee will be established to perform a specific task and will be time-bound. It will be required to report its findings and recommendations to the National Assembly.
MPs expressed concern about the implications of inaction. The DA’s Ian Cameron called for urgency, stating that “given the seriousness of the allegations, the committees are requested to consider the matter urgently and submit a joint report to the National Assembly”.
The National Coloured Congress’ Fadiel Adams raised concern about the legal opinion process, noting that “a legal opinion that is supposed to represent an entire committee should not be issued without input from all members”. The EFF’s Leigh-Ann Mathys also questioned the process, stating, “None of the committee members, including myself, were asked for input on what the legal opinion should include.”
The ANC’s Xola Nqola warned of the broader consequences, saying, “If Parliament does not act decisively, the people of SA may lose confidence in the police and take the law into their own hands.” He cited a recent Human Sciences Research Council report indicating that public trust in the police service was at a historic low.
The ad hoc committee will be formally adopted by the National Assembly on July 23. Once constituted, it will be expected to conduct a preliminary assessment, consider the processes already initiated by the executive and formulate recommendations for parliamentary action.
The final report must include a summary of findings, proposed mechanisms for resolution and any further steps deemed necessary.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.