Preparations for Mkhwanazi's testimony intensify amid inquiry uncertainty

THE preparations for the inquiry into allegations made by KwaZulu-Natal SAPS commissioner Nhlanhla Mkhwanazi are shaping up despite him yet to confirm his appearance date due to commitment at the Madlanga Commission of Inquiry.

On Friday, the Ad Hoc Committee heard that evidence leaders conducted a consultation with SAPS commissioner Fannie Masemola in Parliament.

“We had an interview with General Masemola this morning, which was not concluded because we need more time, and we have arranged to meet next week for another day,” said evidence leader Advocate Norman Arendse.

Masemola’s consultation comes after invitations to appear before the inquiry were made to the SAPS top leadership as the first batch to make testimonies when the hearings start later this month.

Invitations have been sent to Mkhwanazi, Masemola, his deputy Shadrack Sibiya, former police minister Senzo Mchunu, acting police Minister Firoz Cachalia and deputy ministers Polly Boshielo and Cassel Mathale.

Mchunu and Cachalia have not confirmed their availability despite being given until August 3 to do so, according to committee chairperson Soviet Lekganyane.

Lekganyane said Masemola and Sibiya have requested to conduct consultations with the evidence leaders.

“Deputy ministers Boshielo and Mathale have also requested to do consultations,” he said.

Lekganyane indicated that no person has been given a date to appear before the committee.

This was contrary to reports suggesting that Sibiya was dubbed to appear before the committee on September 10, which was a day the committee had hoped to start with the hearings.

The committee has long decided that Mkhwanazi will be the first to give a testimony as the originator of the allegations.

Lekganyane stated that Mkhwanazi has requested the committee to allow him engage with Madlanga until September 24.

“As it stands now all those witnesses that have been invited are ready to do consultation with the senior counsel. Once consultations have concluded, they should be able to appear before the committee,” he said.

Mkhwanazi’s non-appearance before September 22, which is now the suggested date of the state of the hearings, has sparked mixed reaction from parties with EFF leader Julius Malema insisting that he should be summonsed while others say subpoena should be used as the last resort.

Arendse confirmed the Madlanga Commission was a long way down the road in terms of consulting Mkhwanazi and taking down sworn statements.

“In any event, we will only consult with General Mkhwanazi once they finalise their consultation with him during the course of the coming week."

Arendse expressed his delight that the evidence leaders and the parliamentary legal team have been pleasantly surprised by the positive responses from all potential witnesses.

“There has been absolutely no objection to appear before the committee.”

Whereas the initial plan was to start on September 10, witnesses were accommodated on the days they indicated based on their availability.

Arendse asked the committee to reconsider its decision that sworn statements be available to the committee within seven days.

He said there might be instances in one or two where statements may be available on a short notice.

“Can we perhaps request some flexibility in relation to that requirement?” Arendse said.

He preferred that witnesses appear before this committee on a voluntary basis.

While the technical team is heading with preparations behind the scenes, the members of the committee have to improve how they handle committee-related issues.

There had been complaints that MPs learnt about the appointment of the evidence leader via the media, leading to matters apparently heating in their Whatsapp group.

While Lekganyane did not directly address the tensions, he intimated that he stood to be advised and supported on the committee’s work.

“My greatest of plea is that we work as a unit and help this committee achieve what Parliament requested us to do,” he said.

The MK Party and EFF emphasised the need for constant communication via the Whatsapp group.

“We don’t have to operate the same old way and send email and post mail,” EFF MP Leigh-Ann Mathys said before suggesting even shorter meeting for updates.

Lekganyane said they may convene a short meeting this week to look at the possible list of further witnesses the committee may want to identify.

mayibongwe.maqhina@inl.co.za