The Ad Hoc Committee to Investigate Allegations made by the South African Police Service KwaZulu-Natal Provincial Commissioner, Lieutenant General Nhlanhla Mkhwanazi yesterday re-affirmed that it still intends for Lt Gen Mkhwanazi to be its first witness.
The affirmation came after the committee was informed last week that Lt-Gen Mkhwanazi was unavailable until after his testimony at the Madlanga Commission of Inquiry into the same matter. He had previously indicated to evidence leaders that he had already committed to appear before the Madlanga inquiry when he was approached by the ad hoc committee evidence leaders.
Last week, the committee tasked its evidence leaders to again attempt to get him to appear before the committee before he appears before the Madlanga inquiry.
Evidence leader Adv Norman Arendse informed the committee that due these prior commitments, the team can only consult with Lt Gen Mkhwanazi after 24 September, and he is likely to appear before the committee during the first week of October.
Some committee members, including Mr Julius Malema and Ms Dereleen James, argued strongly that Lt Gen Mkhwanazi should be subpoenaed and that the committee hearings should have preference over the inquiry hearings.
However, committee member Mr Mdumiseni Ntuli was of the opinion that at this stage it is unnecessary to subpoena the witness, as he is not unwilling to appear but is merely constrained by a previous commitment, which prevents him from attending at a time that the ad hoc committee prefers. He further re-affirmed that Lt Gen Mkhwanazi should be the first witness.
Committee Member Adv Glynnis Breytenbach said it was “ideal” to have him testify first, but not essential and the committee could start with one of its other witnesses. The majority of committee members agreed with Mr Ntuli and opposed issuing Lt Gen Mkhwanazi with a subpoena.
Committee Chairperson Mr Molapi Soviet Lekganyane, in summing up the discussions on this matter, said it was clear that it is not desirable to subpoena the witness as he has not refused to appear but, rather, finds himself in a situation where his presence is requested by both processes. The committee will thus wait for him to conclude his engagements with the Madlanga Commission of Inquiry, after which he will appear before the committee.
Members of the committee further noted that Shamila Batohi, the National Director of Public Prosecutions, should also be requested to appear before the committee following the accusation made by Lt Gen Mkhwanazi about prosecutors.
Mr Lekganyane further stated that the evidence leaders will continue to consult with witnesses.
Rajaa Azzakani
11 September 2025
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