The Ad Hoc Committee set up to inquire into serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi will decide on Monday who between the parliamentary legal services or an external legal counsel should be the evidence leader.

This emerged when the committee received inputs from political parties and MPs when the terms of reference were considered on Thursday.

The draft terms of reference propose that the committee utilise the services of an external legal counsel in an advisory capacity to assist it carry out its work where necessary, including presenting the evidence of a witness to the committee.

However, the ANC said the committee should use the services of legal counsel within the parliamentary legal services.

ANC MP Khusela Sangoni-Diko said they should not seek to utilise resources unnecessarily when those services were available in-house.

“Our understanding is that Parliament has counsel, even senior counsel within its own members. We must use the services of legal counsel rather than external services,” Sangoni-Diko said.

MK Party MP David Skosana said external legal counsel should not displace the MPs from their oversight duty.

“We propose that external legal counsel may propose a line of questioning, but members must retain control and the scope of inquiry,” he said.

This was contrary to the proposal that the format of questioning of witnesses be determined by the external legal counsel in consultation with chairperson of the committee, Soviet Lekganyane.

Skosana said the appointment of a vetted external legal counsel should be transparent and that they should be told about the costs of their services.

“We hope there are no people lined up already, like we have seen in State Capture corruption. We have seen that and we can back it up,” he said.

ActionSA MP Dereleen James was unsure if the parliamentary legal services have the requisite exposure to the responsibilities of an evidence leader.

James said an evidence leader should have demonstrable exposure in criminal law and prosecutorial experience to guide the evidential process, or a legal counsel with proven handling of complex and interconnected evidence, as demonstrated in the Zondo Commission of Inquiry.

While the draft terms of reference propose that witnesses be allowed to have legal assistance at their own cost, the Red Berets want them to have legal access with the assistance of the Legal Aid Board.

“In the interest of making justice accessible to everybody, they should be able to access Legal Aid if they want to have legal representation,” EFF MP Leigh-Ann Mathys said.

In its submission, the DA provided a new section in the terms of reference to deal with the confidentiality and protection of whistle-blowers. 

The party said all individuals providing evidence should be afforded appropriate protection from retaliation or threats.

“Whistle-blowers and other sources that come forward with sensitive information are protected under the law, possibly with the assistance of witness protection.”

IFP MP Albert Mncwango said: “We need to pay particular attention to the security and safety of our witnesses.”

Regarding the venues for meetings of the committee, it is proposed that they be held in Parliament or any other suitable venue.

It is also proposed that hybrid or virtual meetings be held to accommodate those MPs unable to travel to Cape Town.

Skosana said they should have secure platform with identity verification and secure channels for sensitive evidence, in addition to avoid cost if it held meetings outside Parliament.

“We should avoid what the State Capture Commission has done at all costs,” he said.

DA MP Diane Barnard Kohler said their meetings should be in Parliament since MPs were provided with accommodation and transport.

“I would vehement object to this being moved elsewhere,” she said.

EFF leader Julius Malema said there was no inquiry to be held virtually.

“I think we should agree on that but our meetings, for whatever reason, can be held virtually and the chair can make that determination.

“Equally with that, if it is undesirable for us to meet virtually, let’s try by all means to avoid meeting virtually and then we meet physically so that we know the inputs people are giving are genuine and there are no ghosts behind them,” he said.

mayibongwe.maqhina@inl.co.za

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