Ad hoc committee into SAPS capture unanimously adopts terms of reference.

By Lehlohonolo Lehana.

Parliament’s ad hoc committee investigating police corruption has unanimously adopted its terms of reference, after lengthy delays due to disagreements between the political parties

The committee met on Friday to finalise the terms of reference, including the use of an external legal expert or senior counsel to assist the investigation.

The National Assembly agreed to set up the ad hoc committee to investigate KZN Police Commissioner Lieutenant General Nhlanhla Mkhwanazi’s claims after a joint meeting of Parliament’s police committee and its justice and constitutional development committee recommended its formation.

Mkhwanazi alleged that a drug cartel based in Gauteng was controlling a high-level criminal syndicate that extended into the South African Police Service, the Police Ministry, Parliament, official prison structures, the judiciary and other law-enforcing authorities.

He also alleged that Police Minister Senzo Mchunu, along with several others, had undermined investigations into political killings and organised crime.

Mchunu has been placed on special leave until a separate judicial commission of inquiry, led by Justice Mbuyiseli Madlanga, makes its findings. He has denied the accusations.

Parliament’s Constitutional and Legal Services will start the procurement process, which is expected to take three to four days.

 National Assembly Speaker Thoko Didiza, urged MPs to engage with legal advice constructively rather than attack professionals personally.

The terms of reference will cover which witnesses must be invited, legal assistance for witnesses, as well as the scope and format of the enquiry.

Committee chairperson, Soviet Lekganyane, said the first order of business will be inviting the police as the first witnesses.

“The first institution that must appear before the committee will be the SAPS [South African Police Service] and the first person in the SAPS will be General Nhlanhla Mkhwanazi.”

Lekganyane said Mkhwanazi will be followed by national Police Commissioner Fannie Masemola as the accounting head and suspended Police Minister Senzo Mchunu.

Lekganyane said the technical team will initiate contact with the witnesses, and once they have confirmation of when Mkhwanazi was going to come, the committee will accordingly be informed of the date he is available.

ANC MP Xola Nqola said the technical team must be allowed to do its work.

“We must ensure that we start immediately because I think our time is running off as the Ad Hoc Committee, but we also propose that, when the draft programme is fully ready, can it also be shared to political parties to look at it so that we’re able to enhance where possible or where necessary,” Nqola said.

MK Party MP David Skosana said former police Bheki Cele should be called as one of the witnesses.

“I think there is an omission of former minister Bheki Cele because you have mentioned the current one as well,” said Skosana.

Lekganyane said Cele’s name will be added to the list of witnesses and that the committee will determine how those witnesses are going to appear before it.

Meanwhile the Pretoria Magistrate’s Court has postponed Police Crime Intelligence head Dumisani Khumalo’s corruption and fraud case to September 8. 

Khumalo and his co-accused appeared in court on Friday to appeal their bail restrictions. 

The accused were granted R10 000 bail each during their first court appearance in June. They are facing charges of fraud and corruption for alleged unlawful senior appointments.

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