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LIVE | Parliament’s ad hoc committee to open with Mkhwanazi’s evidence

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Parliament’s ad hoc committee investigating allegations of political interference and operational failures in the South African Police Service (SAPS) will begin its public hearings on Tuesday, with KZN police commissioner Lt-General Nhlanhla Mkhwanazi set to be the first witness.

Senior counsel to the committee, Advocate Norman Arendse, confirmed during a media briefing on Friday that Mkhwanazi’s statement has been finalised and is now available to MPs via SharePoint.

“The delay was due to the fact that finalising these statements has not been easy,” Arendse told the committee. “General Mkhwanazi has had a near-final draft since yesterday around lunchtime, but there have been further engagements with him, including early this morning.” 

The inquiry was set up to probe political interference, leadership failures, and internal dysfunction in the SAPS with a particular focus on allegations raised by Mkhwanazi about interference within the police command on July 6. 

Several current and former officials are expected to be called in to testify.

Arendse stated that  the legal team still within its three-to-four-day timeframe to submit statements. He warned that all submissions remain confidential until formally introduced during the hearings.

“When we make these statements available to the members, they are under embargo and confidential,” he said. “Members are not allowed to make any disclosures until we have, in fact, led the evidence.”

Committee chairperson Molapi Lekganyane confirmed the statement’s availability and directed that IT support contacts be shared with members. “In case there is a difficulty, the member must not struggle. They must just know who is the person they can call,” he said.

Hard copies of witness statements, annexures and other relevant material will be provided in the parliamentary chamber, Arendse added.

Outlining Tuesday’s proceedings, Arendse said Lekganyane would open the session and introduce committee members. The legal team would then deliver its opening statement before calling  Mkhwanazi, who will be sworn in at that point.

“I will proceed to engage with the witness,” Arendse said. “I don’t propose to go through the witness statement paragraph by paragraph. I will be examining him based on topics, and I will obviously reference the statement.”

Arendse clarified that committee members would not participate on the first day. “On day one, the engagement will be mainly between the evidence leader and the witness. I would not expect participation by the Honourable Members on day one.”

He added that members would have the opportunity to pose questions on Wednesday.

“On the second day, members will have an opportunity to ask questions of the witness. Thereafter, subject to your discretion, Chairperson, we may ask an opportunity to again re-examine the witness if there are any issues we feel we should traverse with the witness concerned.”

Arendse also noted that the parliamentary inquiry’s process will differ from the procedure followed at the Madlanga Commission of Inquiry.

He said he would not go through Mkhwanazi’s statement paragraph by paragraph, as was done previously. Instead, Arendse explained that he would examine the witness based on specific topics, referencing the statement as needed.

“The terms of reference for this inquiry are different,” Arendse said, “so there will be variations in the focus and line of questioning.” 

“It will be somewhat different from the procedure adopted when General Mkhwanazi gave evidence to the Madlanga Commission,” Arendse said. “

We will have further consultation with General Mkhwanazi on Monday to discuss some of these differences with him so that he is not caught by surprise.”

He added that, during Mkhwanazi’s testimony, the legal team may present him with versions of events from other witnesses who have already been interviewed and are scheduled to testify.

General Fannie Masemola is expected to appear later in the week, followed by General Shadrack Sibiya. Former police ministers Bheki Cele, suspended Police Minister Senzo Mchunu, Acting Minister Firoz Cachalia, and two deputy ministers will testify during the next phase of the inquiry.

Arendse also confirmed that the Inspector-General of Intelligence had expressed willingness to appear before the committee, pending a final directive from the Joint Committee Chairs.

The hearings begin at 09:00 on Tuesday in Parliament.

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