Parliament’s ad hoc committee investigating allegations of political interference in policing is considering amending its terms of reference.
This to allow hearings to begin without KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi, whose testimony, originally expected before September 22, is now delayed until October.
The committee, chaired by ANC MP Soviet Lekganyane, had listed Mkhwanazi as its first witness.
However, his concurrent engagement with the Madlanga Commission of Inquiry, where he is scheduled to testify for five days from September 17, has disrupted the committee’s sequencing and prompted calls for procedural flexibility.
“We sent him a letter again requesting that he appear before the committee on September 6,” members were told during a progress briefing on Wednesday.
“He responded to say he is still not available, as he is busy with consultations that will conclude on September 12.” Mkhwanazi is also scheduled to meet evidence leaders on September 15 and 16 in preparation for his commission testimony.”
Advocate Norman Arendse SC, leading the committee’s evidence team, confirmed that Mkhwanazi’s statement to the commission will only be made available on the morning of September 17 and cannot be shared with parliament, as it remains the property of the judicial inquiry.
“If the terms of reference, strictly interpreted and strictly applied, mean that we must start with Lt-Gen Mkhwanazi, then it means a start in early October, to be realistic,” Arendse said.
To avoid further delays, the committee is now considering a procedural amendment that would allow it to begin hearings with other witnesses.
Arendse proposed starting with National Commissioner Fannie Masemola, suspended police minister Senzo Mchunu, former minister Bheki Cele, or deputy ministers Cassel Mathale and Polly Boshielo, whose consultations have already taken place. An unknown expert witness has also been circulated as a possible first appearance.
Seven key witnesses have been invited to confer with Arendse and his legal team. These include Mkhwanazi, Masemola, deputy commissioner Shadrack Sibiya, Mchunu, acting minister Firoz Cachalia, Mathale and Boshielo. Cele will also be called. Lekganyane confirmed that the agenda remained open for member input, and that the committee was prepared to adapt its approach if necessary.
Under the committee’s current timetable, sworn statements must be exchanged seven days before each hearing, with witnesses allocated two-hour slots and each of the 13 committee members entitled to 30 minutes of questioning.
Evidence gathering is now expected to conclude by October 18, with the final report due to the National Assembly by October 31. A technical drafting team will begin compiling the report from mid-October, and any extension would require approval from the speaker’s office.
The committee is empowered to issue subpoenas should voluntary co-operation fail.
While EFF leader Julius Malema has called for an early summons for Mkhwanazi, ANC members have urged procedural caution, warning that premature legal compulsion could undermine the inquiry’s credibility and expose parliament to litigation.
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