The parliamentary committee investigating allegations against the police has dismissed a proposal to subpoena KwaZulu-Natal SAPS commissioner, Lieutenant-General Nhlanhla Mkhwanazi while he is busy consulting with the Madlanga Commission of Inquiry.

Mkhwanazi is set to conclude his consultation with the commission on September 12 and testify on September 17 for five days.

Evidence leader, Advocate Norman Arendse said the commission has indicated that Mkhwanazi will not be available until conclusion of his testimony on September 22.

“We were hoping that after hours or weekends we may consult with him. That is not possible,” Arendse said.

He suggested that the committee revisit its terms of reference regarding Mkhwanazi’s appearance as the first witness, since a number of witnesses may be ready at that time.

“We have to accept that we cannot start with General Mkhwanazi until at least towards the end of September or beginning of October,” Arendse said.

ANC chief whip Mdumiseni Ntuli said it would be in the best interest of the committee and Parliament to begin with Mkhwanazi as the main witness.

“You should have a discussion with the commission of inquiry to understand their planned sequence (of witnesses) so that we can avoid a situation once we receive and are done with Mkhwanazi, we have to wait for a week or day to receive another witness,” Ntuli said.

MK Party MP David Skosana noted that they may not able to finish their work by October 31 and suggested they meet Mkhwanazi on a weekend if he was available.

DA MP Glynnis Breytenbach said it was desirable to have Mkhwanazi give testimony first at the inquiry but this was not essential.

“If we can’t have him, let’s start with someone else. It is not as if we work in the dark. We know what he is going to say,” Breytenbach said.

EFF leader Julius Malema said it was clear that certain people do not want Mkhwanazi to testify before the committee.

“They use all manner of excuses to make sure that he does not appear before this committee,” Malema said.

He questioned why the committee was allowing itself to be junior to the commission, which he described “is toothless, not binding and it can’t bite”.

“Mkhwanazi must be subpoenaed because what he said is important and can’t be postponed for a day. It is very urgent,” he said.

ActionSA’s Dereleen James complained about the amount of time spent to develop the terms of reference that provide for subpoena.

“It is clear we are dictated to. It is clear we are subservient. We are declared completely toothless,” she said.

James asked that Mkhwanazi be called whenever he was available.

“Can’t we start realising our power as Parliament?” James asked.

After each party was asked was asked to indicate whether Mkhwanazi should be the first witness, a decision was taken that he should be the first to give testimony.

The committee decided against a subpoena for Mkhwanazi.

Ntuli said they have not reached a stage to issue a subpoena.

“I don’t think we would be acting rational. We are not convinced to subpoena him because he is not undermining us. Let’s allow the process that is already unfolding,” Ntuli said.

His sentiments were echoed by the DA, Freedom Front Plus and MK Party’s Sibonelo Nomvalo.

“At no point General Mkhwanazi has shown that he has no interest in coming to the committee,” Nomvalo said.

Only the EFF and ActionSA held a different view.

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.”.

Malema responded to Lekganyane, saying the ‘reality was that you don’t want Mkhwanazi to testify before the committee’.

“You created an impression that the commission is bigger than us. We will be bound by the decision of the majority,” he said.

mayibongwe.maqhina@inl.co.za

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