Revelations that KwaZulu-Natal’s top cop, General Nhlanhla Mkhwanazi, will not appear before Parliament’s Ad Hoc Committee as the first witness was a point of contention for MPs and evidence leader Advocate Norman Arendse SC.
The other obstacle raised by Arendse is that committee members will only know what Mkhwanazi’s witness statement contains once he appears on September 17 at the Madlanga Commission.
On Wednesday, during a sitting to discuss the preparations for the hearings, Arendse explained that this could result in prolonged delays for the committee.
Arendse says he attempted to “make various suggestions” on how to overcome this schedule clash, but Deputy Chief Justice Mbuyiseli Madlanga maintained that Mkhwanazi would be unavailable until September 22.
First option falls off
The evidence leader then suggested that Mkhwanazi appear after other witnesses, despite being at the centre of allegations of gross misconduct in the SA Police Service (SAPS).
“It is important for us to discuss what our options are. If the terms of reference say that we must strictly start with Lieutenant-General Mkhwanazi, it means that we will need to start early. We have to accept today that we cannot start with Mkhwanazi until at least the end of September and the beginning of October,” he said.
The Madlanga Commission of Inquiry into the alleged infiltration of the criminal justice system and political interference in the SAPS will only begin hearings on September 17 after procurement delays.
ANC whip Mdumiseni Ntuli reiterated the importance of Mkhwanazi being the first witness, as he is the reason why the committee was set up in the first place.
Ntuli then recommended that the committee further consult with the Madlanga Commission to make sure there are no further timetable clashes.
Despite this view, the ANC was against the idea of imposing a subpoena on Mkhwanazi as suggested by EFF leader Julius Malema.
ANC view echoed
This line of argument was also shared by the MK Party, IFP and FF Plus.
The DA’s Glynnis Breytenbach feels it is not essential for Mkhwanazi to appear first. She then voted along the same lines as the ANC, against his subpoena.
“We know what he is going to say; he will say what he said in the press briefing. If he doesn’t do that, it will be a problem,” according to the DA MP.
The parties felt that Mkhwanazi is not showing any resistance to appear before the committee but is rather constrained by his commitments to the Madlanga Commission. The technical team did not approach witnesses timeously, which resulted in the commission securing Mkhwanazi before the ad hoc committee [did].
Malema hard-and-fast rule
Malema was not willing to compromise and instead emphasised the importance of Mkhwanazi appearing before other witnesses. According to the EFF leader, allowing him to appear later would render the terms of reference of the committee useless.
ActionSA’s Dereleen James expressed the same sentiment as Malema and raised disappointment that the committee was discussing matters which are already contained in the terms of reference.
Following the heated debate on the matter, committee chair Soviet Lekganyane concluded that Mkhwanazi would only appear when he concludes his appearance at the Madlanga Commission, as per the majority view.
Gallery of witnesses
Other key figures who have already agreed to appear before the committee include General Fanie Masemola, suspended police minister Senzo Mchunu, acting police minister Feroz Cachailia and his deputies. Arendse still awaits a response from former police minister Bheki Cele on his availability to testify before the committee.
“We have had positive interaction with the list identified by the committee, and as reported today, we saw acting minister Cachalia, and on Friday, we are meeting with minister Mchunu. We have met with the two deputy ministers,” according to Arendse.
Lekganyane has given MPs until Friday to decide whether there is a need for a crime expert during hearings.
