EFF leader Julius Malema. Photo by Delwyn Verasamy/M&G
The first sitting of parliament’s ad hoc committee to investigate corruption allegations made by KwaZulu-Natal provincial police commissioner Nhlanhla Mkhwanazi stalled on Tuesday after MPs questioned the legality of using a statement he had previously submitted to the Madlanga Commission of Inquiry.
Economic Freedom Fighters (EFF) leader Julius Malema objected to Mkhwanazi testifying under oath before the committee without first submitting an original statement, telling the committee: “We don’t know on what basis you want General Mkhwanazi to take an oath because, before us, we have no statement. He must first depose to us a statement. The statement we have is a statement he deposed to the commission.”
He said the ad hoc committee was not subordinate to the commission, adding: “We have said to this legal team before us time and again that we are not a junior team of the commission. There is no statement from General Mkhwanazi before us. We have a statement from the commission.”
Both the Madlanga commission and the ad hoc committee were established after Mkhwanazi told a media briefing in July that now suspended Police Minister Senzo Mchunu had disbanded a task team on political killings to shield those implicated. He also claimed that there was a potentially corrupt relationship between Mchunu and an organised crime syndicate.
Mkhwanazi first appeared at the Madlanga commission set up by President Cyril Ramaphosa, where he said Mchunu had disbanded the task team without consultation and ordered the removal of 121 dockets — which have since been returned — to protect Gauteng drug cartels.
National police commissioner Fannie Masemola also told the commission of the connection between Mchunu and murder suspect Vusimuzi “Cat” Matlala. Crime Intelligence head Dumisani Khumalo corroborated Masemola’s testimony with text evidence between Mchunu’s associate Brown Mokgotsi and Matlala’s discussion of payment in exchange for confidential police information.
On Tuesday, Malema argued that the parliament ad hoc committee could not rely on a statement obtained by the Madlanga commission.
“We cannot use the statement of the commission. We are not junior members of the commission; we have nothing to do with what the commission is doing. We are a committee of parliament. It is wrong, it is unconstitutional; we have to do things the proper way. And the proper way is, there must be an original statement to us, the ad hoc committee,” he said, laying the blame on the legal team.
Committee legal advisor advocate Norman Arendse defended the process, saying Mkhwanazi’s testimony before the Madlanga commission had covered much of the same ground.
“We call it a supplementary statement because much of the factual background was covered extensively in the Madlanga Commission of Inquiry,” said Arendse, adding that the commission had obtained Mkhwanazi’s statement before the ad hoc committee was formally established.
“After parliament decided to appoint this ad hoc committee, and the appointment of ourselves was finalised, the Madlanga commission had also been proclaimed by the president, and their evidence leaders got a hold of General Mkhwanazi first, and they took the statement before him for a period of two weeks,” he said.
Arendse said he and the committee chairperson Soviet Lekganyane had agreed with the commission that the parliamentary hearings would commence after the Madlanga commission concluded its proceedings.
“What honourable members will find that is different from what was done at the commission is that there will be a lot more engagement with General Mkhwanazi in relation to issues that form part of this committee,” Arendse said.
However, uMkhonto weSizwe party MP David Skosana insisted that the ad hoc committee should adjourn to correct the oversight, saying he was disappointed in the process and that the committee had “agreed that we are not a subcommittee of the Madlanga commission”.
He proposed that Mkhwanazi be excused to allow him time to submit an original statement, adding: “Whatever happened at the Madlanga commission happened at that commission, not here.”
ActionSA MP Zwakele Mncwango agreed that the hearing should be adjourned. “Mkhwanazi cannot be recognised as an honourable member, since he has not been sworn in, and this needs to be corrected, but not in front of cameras,” he said.
Chairperson Lekganyane agreed with committee members that Mkhwanazi should make an original statement for the ad hoc committee and it was adjourned until he submits it.