In light of the public’s growing distrust in parliament, the formation of an ad hoc committee to investigate allegations by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi offers a valuable chance to restore trust and credibility. This opportunity must be seized not only to uncover the truth but also to rebuild public confidence.
For parliament to succeed in this it must ensure a transparent and inclusive process by crafting clear and thoughtful terms of reference, setting aside partisan interests, encouraging meaningful public participation, drawing on historical lessons and acting with the necessary urgency. If managed well, this process could help reaffirm parliament’s role as a legitimate and trustworthy institution.
Procedurally sound, publicly credible
According to the Afrobarometer’s December 2024 report, which highlights exceptionally low public trust in MPs (24%) and an even lower level of approval for their performance (22%), the stakes could not be higher. This trust deficit not only undermines the legitimacy of democratic institutions but also creates fertile ground for public disengagement, an undesirable eventuality given the hardships endured to attain our democracy.
The committee’s deliberate and thoughtful adoption of the terms of reference is not only timely but also essential. By taking the necessary time to craft a clear, comprehensive and purpose-driven mandate, the committee has laid the foundation for an inquiry that is not only procedurally sound but also publicly credible.
As the US coach John Wooden wisely said, “If you don’t have time to do it right, when will you have time to do it over?” This principle resonates deeply with our current task. A rushed or vague process risks compounding public distrust. Instead, the committee’s insistence on precision reflects an understanding that the quality of the outcome depends heavily on the clarity of the process.
Restoring public confidence
Well-constructed terms of reference serve as a safeguard to upholding the integrity of the investigation, ensuring accountability and signalling parliament’s seriousness in addressing the allegations. More than a bureaucratic step, this decision represents a meaningful move towards restoring public confidence in democratic institutions and reaffirming parliament’s duty to act with transparency, fairness and resolve.
Parliament is a political arena comprising parties with differing mandates and intentions. To guard against perceptions of political posturing or manipulation, it was necessary to establish clearly defined terms of reference.
In time, the credibility of this process will be measured not only by its procedural soundness but also by MPs’ willingness to rise above party-political interests in pursuit of the national interest. Thus far the MPs delegated to this committee have demonstrated a commitment to the national interest, and this approach must be sustained throughout the process.
While the task ahead is undoubtedly complex, parliament has previously demonstrated both the capacity and the capability to manage such processes effectively. From the section 194 inquiry into the removal of the public protector to the ad hoc committee on the SABC board, parliament has shown that it can conduct credible processes that withstand judicial scrutiny. This is the standard the current committee must uphold and strive to achieve.
Urgency should be a guiding principle in the committee’s work. In similar parliamentary processes, a key area identified for improvement has been the time taken to finalise proceedings. As the government continues to address ICT challenges delaying the commencement of the Madlanga commission of inquiry into these allegations, parliament must strive to prevent similar delays. A failure to act with the necessary agility risks undermining the credibility of the process, particularly in the context of high crime rates and the apparent inability of the criminal justice system to combat crime effectively.
Transparency and access
Public participation, a constitutional imperative that parliament must uphold, is also crucial for enhancing trust. The terms of reference include a clear framework for public engagement with the committee. This includes facilitating access to the committee’s work, streaming its meetings and establishing a dedicated webpage where all relevant documents will be made available. These measures will ensure full compliance with the obligations set out in section 59 of the constitution.
The constitution recognises the critical role of parliamentary oversight, demonstrated by about 40 provisions that empower parliament to oversee the exercise of public power and hold the executive accountable. Once the committee has completed its work it will fall to the relevant parliamentary committees to ensure that the government implements its recommendations.
As the committee prepares to begin hearing evidence, it must be guided by the same courage and perseverance embodied by former Tanzanian marathon runner John Stephen Akwari, who despite suffering a severe fall, a knee injury and a dislocated shoulder, refused to withdraw and completed the 1968 Olympic marathon in Mexico. When asked why he did not stop, Akwari famously said; “My country did not send me 5,000 miles to start the race. They sent me 5,000 miles to finish it.”
In the same spirit, the people of SA expect their elected representatives to persevere and uncover the truth. We dare not fail them.
• Cameron, MP, is a member of the ad hoc committee to probe the allegations made by Gen Nhlanhla Mkhwanazi.
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