Ad hoc Committee sets Friday deadline to finalise terms of reference in Mkhwanazi's probe

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MPs formed an ad hoc committee led by ANC's MP Molapi Lekganyane to urgently finalise terms of reference and consider relocating operations to Gauteng, ensuring effective investigation of allegations by Police Commissioner Mkhwanazi.
Image: Parliament of SA
Members of Parliament on the newly established ad hoc committee have set a clear timeline and direction for their work.
At their first meeting, convened solely to elect a chairperson, ANC MP Molapi Soviet Lekganyane was appointed to lead the committee investigating serious allegations made by KwaZulu-Natal Police Commissioner Lt-General Nhlanhla Mkhwanazi.
Following his election on Tuesday, Lekganyane immediately began steering discussions towards finalising the committee's terms of reference, which members agreed must be completed and circulated by close of business on Friday.
He also proposed relocating the committee's operations to Gauteng during August to facilitate more effective work.
Lekganyane opened the floor by stating: 'The secretariat informed me that the purpose of today's meeting was to elect the chairperson. That was the only item on the agenda, but because I know we are politicians, we can't meet and elect a chairperson and say, no, the meeting is dismissed. We must go.'
He then proposed that the parliamentary legal section be tasked with developing the committee's terms of reference and programme, adding, 'Once the terms of reference are done, they should be circulated to all of us, so that when the next meeting is called, we shall have gone through those terms of reference.'
MK Party MP David Mandla Skosana raised concerns about the time frame, asking when exactly the work would begin.
'I am in particular concerned about the time frame. It's very important for all of us to know exactly when,' he said. Skosana then proposed that the terms of reference be finalised and circulated by the end of the week.
Lekganyane confirmed, 'So, by 5 o'clock close of business on Friday, the terms of reference must have been released to committee members. That is our proposal.'
The ANC's Chief Whip, Mdumiseni Ntuli, supported the proposal, adding that there is already foundational work from the motion adopted by the National Assembly.
'Friday is not necessarily unreasonable. The team can advise us if by then, through you, Chair, they would not be ready with what is required, then we can deal with that,' said Ntuli.
Ntuli also proposed that, due to Parliament's recess and potential logistical clashes with the Commission of Inquiry's work, the committee should consider operating from Gauteng during August.
'Would it not be possible for us to agree that in the month of August we get a venue for us to work from Gauteng? It's easy to travel to Gauteng for all of us, and if we're not far from each other, we won't be disrupted,' he argued.
This proposal drew widespread support, with Freedom Front Plus MP Wouter Vessels stating, 'I support the proposal by Skosana on the timeline. But we should have agreement on the terms of reference because if we are not going to be concise, we are not going to do a good job.'
He agreed with working in Gauteng during August but cautioned against continuing work there once Parliament resumes. 'When Parliament resumes, I think we should try our best to meet in Cape Town,' he said.
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EFF's Leigh-Ann Mathys also backed the Gauteng proposal and suggested that political parties be allowed to submit written inputs to the draft terms. 'It'll save us a lot of time when we review them on Friday,' she said.
Mathys further warned against giving the impression that the committee's work is subordinate to the Commission of Inquiry, saying, 'Let's not put ourselves on the back burner, and we've just started.'
DA MP Ian Cameron echoed this sentiment, stating, 'I don't think we must allow for the commission to dictate how we do our work. Parliament is perfectly positioned to do what it has been mandated to do.' He also raised the issue of financial prudence, urging cost-effectiveness in operational decisions.
EFF leader Julius Malema endorsed the idea of moving work to Gauteng but insisted on minimising costs.
'We must not cost our people a lot of money,' he said, proposing the use of free venues such as municipal halls or legislative chambers. He also raised a critical legal question: 'I want us to deal with the aspect of criminals who are already in prison, who might share a lot of information with us. Can we summon them here?'
Skosana reminded the committee of Parliament's duty, reflecting on past failures. 'You know what happened with the Chief Justice Chris Ngcobo matter, it was a wasteful expenditure because comrades closed ranks. I hope this time, whatever happens, justice will have to be done,' he said.
In response to concerns raised, Lekganyane said, 'Political parties, if they want to make proposals, that can be forwarded to the committee secretariat. And then on Friday, the preliminary terms would be released. When we meet in our next meeting, we should be able to adopt the terms of reference and the programme of the committee.'
ANC MP Khusela Sangoni requested clarity on who determines the programme of the committee. Leganyane clarified, 'It's your work to say this is what we are going to do. We are going to get proposals from political parties, but we will also use the motion that has been presented and adopted by Parliament.'
Andile Tetyana from the Parliament's Legal Services explained that draft terms already exist and can be released within two to three days.
'There is a lot of backroom legal technical support which needs to take place. What Mkhwanazi said on the 6th of July is not evidence in a technical sense,' Tetyana said.
He added that sworn statements and witness corroborations would be necessary.