The parliamentary inquiry into allegations made by KwaZulu-Natal SAPS commissioner Lieutenant-General Nhlanhla Mkhwanazi will resume at 3pm on Tuesday following an earlier adjournment and a closed session over his "supplementary statement".
Image: Independent Newspapers
The parliamentary inquiry into police corruption and interference on Tuesday stumbled on the “supplementary” statement by KwaZulu-Natal SAPS commissioner, Lieutenant-General Nhlanhla Mkhwanazi.
The inquiry adjourned following a discussion over the yet-to-be publicly made statement dubbed as “supplementary” by MPs.
EFF leader Julius Malema was the first to raise the status of the statement just after Chief Evidence Leader Norman Arendse, SC, completed his opening remarks and asked committee Chairperson Soviet Lekganyane to administer the oath to Mkhwanazi as a first witness.
Malema noted that they have no statement from Mkhwanazi other than a supplementary statement.
“A statement we have is a statement deposed to the commission of inquiry. We have said to the legal team we are not a junior committee of the inquiry,” he said.
Malema asked the basis of administering the oath to the KZN police commissioner in the absence of his statement to the Ad Hoc Committee.
“A supplementary statement should supplement the original statement,” he said in reference to what should have been deposed to the Ad Hoc Committee.
Mkhwanazi’s statement to the Madlanga Commission was apparently part of the annexure sent to the MPs.
Malema maintained that they could not use material used by the commission established by the executive.
“It is wrong. It is unconstitutional. We have got to do things properly,” he said.
Arendse explained that they called Mkhwanazi’s statement to the Ad Hoc Committee supplementary because much contained in it was actually covered extensively by the Madlanga Commission.
He also said it would be surprising his evidence before the committee will differ materially to the evidence he gave to the Madlanga Commission.
“I acknowledge what honourable Malema says about us not playing second fiddle to the commission,” Arendse said before explaining the constraints to consult Mkhwanazi amid the Madlanga Commission.
“What you will find is different is that there will be a lot more engagement with General Mkhwanazi in relation to issues that form part of the terms of reference. Different versions (by other witnesses) will be put to him as opposed. It is not only appropriate but necessary to incorporate the Madlanga statement as part of his statement,” said Arendse.
MK Party MP David Skosana expressed embarrassment at the turn of events and noted that they had stated previously that they were not a subcommittee of the Madlanga Commission.
Skosana described the statement as “cut and paste” that was not acceptable.
“We are letting the country down. It’s like we don’t know what we are doing,” he said.
“My appeal to you, perhaps, can we take adjournment on this matter,” said Skosana.
His colleague Sibonelo Nomvalo expressed concern that they were starting on a bad note from the word go.
“We are misled by the legal advisor. If they say they rely on a statement of the Madlanga Commission, you are simply subverting the constitutional responsibility of Parliament,” Nomvalo said.
ANC MP Xola Nqola said he was under the impression from the evidence leaders that there would be an original statement for the work of the AD Hoc Committee and Madlanga Commission’s statement as an attachment, but he saw a supplementary statement.
“It is unfortunate, and we must plead with the evidence leaders to avoid making such mistakes so that we don’t tamper with the credibility of the process itself,” Nqola said.
“It is supposed to be a sworn statement. I request we adjourn for 15 minutes and get General Mkhwanazi administered the oath,” he said.
IFP MP Albert Mncwango supported the adjournment to “correct these distortions” in connection with the statement.
“This needs to be corrected. It can’t be corrected in front of the cameras. We need to adjourn so that we can resume our job,” Mncwango said.
When Lekganyane attempted to confirm with Mkhwanazi the statement, Malema stated he can’t be made to answer questions when he has not taken an oath.
Arendse asked that they remove the word supplementary in the statement, saying it was an unfortunate word that had been used.
But, Lekganyane ruled on an adjournment, and Arendse asked to say the “last thing”.
This prompted Malema to express his unhappiness with what Arendse was doing.
“We can’t allow being undermined like. I really have no confidence in him from what he did now. We must change him,” he said.
Lekganyane said his instruction was to allow for corrections on the statements.
“Our business is to allow witnesses to make presentations before us. SC, please help us to have the witness make a presentation, which, not me and you, but South Africans want to hear. Let us do this for the people of South Africa, and I said we have adjourned corrections to happen,” Lekganyane said.
The committee then adjourned for an hour only to hold a close session for briefing, and members of the media and the public were excused upon resuming.
An hour later, in the behind-closed-door session, it was announced that the committee would resume at 3pm.
mayibongwe.maqhina@inl.co.za