Parliament vs Madlanga Commission on Mkhwanazi’s SAPS bombshell- Here's the differences



Parliament’s Ad hoc committee chairperson, Molapi Lekganyane, says they are awaiting confirmation from KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi before public hearings into allegations he made can begin.

This inquiry, led by Parliament’s ad hoc committee, runs separately from the Madlanga Commission of Inquiry, which was appointed by President Cyril Ramaphosa.

The Madlanga Commission is investigating broader issues related to systemic failures in the police service, while Parliament’s ad hoc committee is focused on specific allegations raised by Mkhwanazi, particularly regarding internal dysfunction and interference within SAPS leadership.

Lekganyane confirmed that the terms of reference for the parliamentary probe were finalised last week, and the committee has begun preparing to call its first set of witnesses.

He said Mkhwanazi is expected to appear first, followed by the National Police Commissioner Fannie Masemola, the Minister of Police Senzo Mchunu, Deputy Commissioner General  Shadrack Sibiya, and the current minister and his deputies, said Lekganyane in an interview on SABC. 

“When we closed our meeting on Friday, we instructed the technical team to go and initiate contact with the witnesses,” said Lekganyane.

“We have identified the first five or the first set of witnesses which is the top leadership of the SAPS. That is the list, the preliminary list that the committee has agreed on , that General Mkhwanazi must be the first to appear before the committee.”

He explained that the committee is taking an “internal approach” and will start with SAPS leadership before deciding whether to move on to other institutions such as Crime Intelligence, the NPA, IPID, or the Department of Justice.

“Once we have listened to the top echelon, if there are names of any witnesses that will emerge from the presentations with the first set of witnesses,the committee will then agree on the sequence on how they will be invited until we exhaust the whole of the SAPS,” Lekganyane added.

One of the key issues facing the committee is how to handle classified information that may arise during the inquiry. Lekganyane stressed that the committee must operate within the law and cannot override any policy.

“We don’t have powers to amend any law or any policy that is in place in the country,” he said. “Where we experience difficulties, the Speaker is the head of the institution,she is the one who is empowered by that relevant policy to request or make applications to the authorities to make those documents available,” he said. 

On matters of witness protection, Lekganyane said it is not the committee’s direct responsibility, but Parliament must ensure that relevant authorities are informed should such needs arise.

“There is a procedure which is outlined. Parliament can provide protection, it’s not our competence, but the leadership of Parliament must make sure that the relevant authority is informed,” he said.

He also confirmed the committee has secured external legal counsel to assist with the inquiry. “That has been concluded,” said Lekganyane.

He added that the appointed legal expert will be introduced to the committee during its upcoming meetings.

“We are just waiting for the technical team to finalise the appointment with the witnesses and then by the committee meeting, we introduce the person or the expertise that has been contracted and then we also announce the date of the first appearance.”

hope.ntanzi@iol.co.za

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