Draft terms of reference for Mkhwanazi inquiry incorporate party inputs

The Ad Hoc Committee into serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi integrated all the submissions made by parties on the proposed terms of reference.

This was after a marathon meeting where the committee took a break twice to allow the technical team to factor in the inputs of the parties that made written submissions prior to the deadline into one document.

Committee Chairperson Soviet Lekganyane said the draft document would be sent to parties to check if their submissions were captured before they adopt the terms of reference.

“For the purpose of coherence in our engagements, it will be better, and also looking at the kind of document which must guide the work we will be doing, it will be important for parties and members of the committee to study it, especially the proposals that have been made here.

“I realise that there are so many areas of convergence on the draft that was released last week. You would need to study the proposal of the parties and agree when we make the final adoption,” he said.

The integrated terms of reference will be discussed and then finally adopted at a meeting on Monday.

MK Party MP Sibonelo Nomvalo said as soon as they were done with deliberations on the terms of reference, they should get started with their inquiry’s work.

“Our proposal is that we must start next week. We know that such is not to be determined in this meeting,” Nomvalo said.

EFF leader Julius Malema agreed that the sooner they start working, the better.

Malema said they could not come up with the commencement date without adopting the terms of reference.

“It is not given when we meet next week on the terms of reference that we are to agree and immediately start the inquiry,” he said.

DA MP Glynnis Breytenbach urged that the integrated document be shared with parliamentary legal services to advise on whether any proposals are problematic.

ANC Chief Whip Mdumiseni Ntuli said the integrated document should incorporate all inputs of the parties.

“If we can get it before the end of the day tomorrow, it will allow us to go through the document over the weekend,” Ntuli said.

Lekganyane said the document would be sent to all the parties to confirm their inputs were correctly captured.

He confirmed that the document will be taken to the parliamentary legal services to have a look at to make sure it complies with the laws of the country.

“The sooner we start, the better. In the next meeting, there should be a draft programme on commencement of proceedings, but that is dependent on whether we agree on the terms of reference on Monday,” Lekganyane said.

The draft terms of reference say the parliamentary inquiry will be inquisitorial.

The document proposes that the committee uses the services of an external legal counsel in an advisory capacity to assist it in carrying out its work and lead evidence from witnesses, but some want this function to be done by the parliamentary legal services.

It also proposes that the committee may invite any interested parties to provide input if they wish to do so.

“In the event that an invited witness refuses to submit a sworn statement and/or avail themselves as requested, the committee may use its power of subpoena as provided for in the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act.”

The document also proposes that legal representation be allowed to those who will testify, but they will be allowed to have their legal assistance at their own cost if they choose.

“Witnesses will be allowed to have their lawyers with them and, within reason, consult with and take advice from their lawyers. The committee will not allow lawyers to speak on behalf of their clients at all,” reads the document.

mayibongwe.maqhina@inl.co.za