By Lehlohonolo Lehana.
Parliament’s ad hoc committee has postponed its hearings until KZN Commissioner Nhlanhla Mkhwanazi concludes his testimony at the Madlanga Commission of Inquiry.
Mkhwanazi’s allegations of high-level rot within the Criminal Justice system sparked both the Ad Hoc Committee and a Judicial Commission of Inquiry.
President Cyril Ramaphosa set up the inquiry in response to allegations by Mkhwanazi that implicated Police Minister Senzo Mchunu, who has been placed on special leave.
The delayed hearings by the commission chaired by retired judge Mbuyiseli Madlanga will start on 17 September now that a venue as well as IT and data security systems have now been finalised. The commission has six months to complete its work.
The ad hoc committee meanwhile must present its findings to the National Assembly by 31 October.
On Wednesday, Ad-Hoc committee secretary Vhonani Ramaano told members that Mkhwanazi is expected to testify before the Madlanga commission for five days.
Ramaano also confirmed that police Commissioner Fannie Masemola is consulting with the newly appointed evidence leader, Advocate Norman Arendse.
Mchunu and Deputy National Commissioner Shadrack Sibiya are also scheduled for consultations this week.
“With regards to [Bheki] Cele, we sent a request for him to appear [but] he has not yet responded,” he said.
Arendse voiced concern about the arrangements surrounding Mkhwanazi’s testimony, noting that copies of his affidavit to the commission would be shared.
“That means, in terms of that arrangement, we can’t share it with the committee because the statement belongs with the commission, “he said.
He further explained that the committee would have to wait until Mkhwanazi concluded his appearance before the commission.
“In turn that is going to mean that we will only be able to engage with him on behalf of this committee after the 22nd of September.
“We have to interview him with a view to our terms of reference and not the commission’s terms of reference, so that might take another few days.
He recommended that the committee consider amending its terms of reference to allow evidence from other witnesses before Mkhwanazi.
“We are of the view that we should perhaps start earlier with other witnesses.”
DA MP Glynnis Breytenbach said it was “ideal” to have Mkhwanazi testify first, but not “essential”.
“If we can’t get him and we start with somebody else, we know what he is going to say,” she said, adding that it would only become an issue if Mkhwanazi unearthed new evidence.
Breytenbach stressed that the committee cannot keep delaying its work.
EFF leader Julius Malema criticised the committee for playing second fiddle to the Madlanga commission, describing the inquiry as “toothless” because its recommendations are not binding.
“We can never use a material of the commission in our committee.
“Mkhwanazi must write an affidavit directed to our chairperson, and that becomes a document of our committee. Any other thing is hearsay,” he said.
“Mkhwanazi must be subpoenaed because what he said is important and can’t be postponed for a day. It is very urgent, “Malema charged.
Committee chairperson Soviet Lekganyane said the majority of members did not see the route to subpoena as desirable.
“General Mkhwanazi is not refusing to appear, unfortunately he finds himself in the situation he is in.”.
This process was expected to run concurrently with the judicial commission of inquiry. The National Assembly proposed that the ad hoc committee process be concluded within 90 days of its formation.