Committees Recommend Establishment of Ad Hoc Committee to Investigate Gen Mkhwanazi Allegations

The joint committee of the Portfolio Committee on Police, and the Portfolio Committee on Justice and Constitutional Development has recommended the establishment of an Ad Hoc Committee to investigate the allegations by the South African Police Service's KwaZulu-Natal Provincial Commissioner, Lt. General Nhlanhla Mkhwanazi.

In their last joint meeting, the committees officially adopted their report recommending to the National Assembly (NA) that an Ad Hoc Committee should be established to consider allegations made by Lt. General Mkhwanazi.

The report reflects the committees' considered view that an Ad Hoc Committee represents the most effective Parliamentary mechanism to fully investigate and deliberate on the matters raised. The recommendation for the establishment of an Ad Hoc Committee is in accordance with NA Rule 253, indicating that the scope of such a committee is task specific and time bound, contrary to the general oversight function of portfolio committees which, in contrast, is ongoing and often requires juggling competing priorities.

The report also emphasised the need for the NA to ensure an expeditious process. Without being prescriptive, the committees propose that the NA takes into account, should it resolve to establish an Ad Hoc Committee as recommended, the need for the process to be concluded within 90 days of the committee being established, provided that the timeframe may be amended or extended if necessary.

Given the gravity of the allegations and their potential implications for the rule of law, governance, and accountability within the criminal justice sector, the committees have resolved that a focused, multi-party Ad Hoc Committee will ensure a transparent, thorough and fair process. The committees further noted that actual composition of such a committee, as well as its terms of reference, does not reside with the joint meeting.

The meeting has reiterated Parliament's constitutional mandate of oversight over state institutions and to uphold the principles of justice, integrity and accountability. The committees also reaffirmed their commitment to ensuring that this matter is handled with the seriousness it deserves and in line with the Constitution and the rules of Parliament.

Members of the uMkhonto weSizwe Party (MKP) expressed unease over the report's content, which had not yet been made available in full at the time of the vote. The party said it could not blindly endorse the process and chose to formally reserve its position. The party pushed for two existing committees to investigate the allegations, indicating no need existed for establishment of an Ad Hoc Committee.

While the Economic Freedom Fighters supported the need for a thorough investigation into the allegations, it cautioned against endorsing a process that may lack full transparency or adequate parliamentary oversight.

During the discussions, the MKP also proposed that the Ad Hoc Committee should also exercise oversight over the judicial commission of inquiry.

Mr Steve Swart of the ACDP warned against including proposals not grounded in the Constitution in the final report, which was adopted by the committees, the Portfolio Committee on Police and the Portfolio Committee on Justice and Constitutional Development. Mr Swart reminded the joint meeting that the Constitution empowers Parliament to hold the executive accountable - not the judiciary.

The Chairpersons of the joint meeting, Mr Ian Cameron of the Portfolio Committee on Police, and Mr Xola Nqola of the Portfolio Committee on Justice and Constitutional Development, said the final decision on how the investigation will proceed and the composition of the committee depends on the NA.

Rajaa Azzakani
25 July 2025.