Parliament’s Mkhwanazi hearing a face-saving exercise after months of inaction

KwaZulu-Natal Lieutenant-General Nhlanhla Mkhwanazi is appearing before the parliamentary Ad Hoc Committee to investigate allegations of corruption and mismanagement in the criminal justice system. 

The committee opened with infighting among parliamentary members. Some members flagged a problem with the documents and Mkhwanazi’s statement, which said the word “supplementary.”

Because this document is Mkhwanazi’s original statement, the word must be removed, according to the Chairperson.

Economic Freedom Fighters’ (EFF) leader Julius Malema then flagged that the chairperson failed to put Mkhwanazi under oath, and therefore said that the meeting cannot continue.

Senior Counsel to the committee, Advocate Norman Arendse, then highlighted that Mkhwanazi’s statement suggests that the parliamentary documents contain significant overlaps with the Madlanga commission.

The council was adjourned to deal with these issues before Mkhwanazi could begin his statement.

This follows Mkhwanazi’s three-day appearance before the Madlanga Commission of inquiry on the case, where he provided evidence to support his claim that the criminal justice system has been infiltrated by criminal syndicates. 

The Ad Hoc committee is a separate, parliamentary process to the commission, which will specifically examine Mkhwanazi’s claims.

One of the Ad Hoc Committee members is Dianne Kolher Barnard, whom Mkhwanazi accused of unlawfully using classified information to fuel attacks on crime intelligence. 

Kolher Barnard told Newsroom Afrika that she expects an apology during the proceedings. 

“I’m hoping that he’ll finally apologise and retract the claim he made on the initial day of the Madlanga Commission, when he claimed I’d broken the law and I was part of a criminal syndicate,” she said. 

Mkhwanazi accused Kolher Barnard of leaking sensitive police information. Kolher Barnard refuted these claims, stating that the issues she raised, regarding the suspicious purchase of two properties by Crime Intelligence, were already in the public domain.

During his testimony in front of the commission, Mkhwanazi said that he had previously tried to approach parliament to flag issues of corruption within the police, which he said did nothing. 

Ian Cameron, MP for the Democratic Alliance (DA) and chairperson of the Portfolio Committee on Police, told Newzroom Afrika that the Lieutenant-General did not have any supporting documents in his first parliamentary appearance. 

During his testimony, Mkhwanazi said that he contacted Cameron directly to raise his concerns before he appeared in front of parliament. He criticized the parliament committee for failing to act on his accusations. 

Former chairperson of the Standing Committee on Public Accounts, Themba Godi, said that the latest parliamentary hearing is an attempt by parliament to redeem itself after failing to address the allegations when they were raised in March. 

“The issues that are going to be ventilated were raised before a committee of parliament already; they simply sat on their laurels,” he said. 

“It seems to be an attempt at redeeming itself rather than a genuine attempt at probing and bringing out issues that might assist in improving administration in the country.”

Parliament inquiry will be “somewhat different”

Godi said he is interested in seeing what the committee’s line of questioning will be, given the extensive questioning that has already taken place at the Madlanga commission. 

“What exactly is parliament going to be doing? I’ve seen that Kolher Barnard wants an apology; maybe that is what she will do: try to squeeze an apology out. But beyond that, I’m struggling to see at a substantive level what it is that parliament might achieve,” said Godi. 

Mkhwanazi held a press conference on 6 July this year where he first made the allegations of criminality within South Africa’s law enforcement and intelligence structures. 

He accused the now-suspended Mister of Police Senzo Mchunu of interfering with sensitive police investigations and colluding with businesspeople to disband the Political Killings task team. 

As a result, President Cyril Ramaphosa established the Madlanga Commission of Inquiry to investigate the veracity, scope, and impact of Mkhwanazi’s allegations.

Senior Counsel to the committee, Advocate Norman Arendse, said in a media briefing that the committee does not plan to go through every paragraph of Mkhwanazi’s statement, but will rather question him “based on topics.”

Committee members will not participate during the first day of examination. Today’s hearings will be between the evidence leaders and the witness. Other members of parliament will have an opportunity to ask their own questions on the second day of questioning. 

Arendse said the difference between the committee meeting and the Madlanga Commission is that the committee will vary in its focus and line of questioning.

Opening the parliamentary hearing, Arendse said that the committee will focus on where the parliament’s own oversights have been effective in addressing these issues.

“Ultimately, this committee’s task is not merely to conduct an investigation; it must safeguard the integrity of our institutions, restore public confidence and trust, and uphold the principles of justice and the rule of law, which is foundational to our constitution,” he said.