The Ad Hoc Committee established to investigate allegations made by the South African Police Service’s (SAPS) KwaZulu-Natal Provincial Commissioner, Lieutenant General Nhlanhla Mkhwanazi, yesterday began its public participation process, engaging with three civil society organisations.
The committee invited public input on the allegations, which include political interference and claims of criminal syndicates and cartels infiltrating the criminal justice system. While a substantial number of submissions were received, many fell outside the committee’s mandate. Only those submissions directly related to the mandate were invited to make oral presentations.
The organisations that appeared yesterday were Accountability Now, the African Policing Civilian Oversight Forum and the Institute for Security Studies (ISS).
At the start of proceedings, Committee Chairperson Mr Molapi Soviet Lekganyane clarified that presenters were not appearing as witnesses and were therefore not required to take an oath. He explained that they were stakeholders operating within the criminal justice sector, whose expertise and experience could add value to the committee’s work.
Adv Paul Hoffman, representing Accountability Now, addressed the current state of law enforcement in South Africa, describing it as dysfunctional, largely due to alleged corruption. He argued that the criminal justice administration is undermined by corruption carried out with impunity.
Adv Hoffman proposed the establishment of a new Chapter 9 institution as a potential solution. He noted that Chapter 9 institutions report directly to Parliament and are independent of the executive. While several task teams exist, he said there is no single body outside executive control dedicated solely to combating corruption. He further urged the committee to consider two private members’ bills introduced by committee member Adv Glynnis Breytenbach, currently before the Portfolio Committee on Justice and Constitutional Development. These bills propose the establishment of a Chapter 9 Anti-Corruption Commission that would be constitutionally compliant and independent of the executive.
Mr Sean Tait of the African Policing Civilian Oversight Forum called on the committee to consider legislative and institutional reforms to restore confidence in the criminal justice system. He emphasised the need to strengthen Parliament’s oversight role and to further insulate SAPS operational command from executive interference. “These issues go to the core of the committee’s establishment and its ongoing work,” Mr Tait said.
Mr Tait also urged Parliament to improve its responsiveness to allegations and concerns brought to its attention, noting that one of the issues raised by Lt Gen Mkhwanazi at his press conference had previously been raised in Parliament. He stressed that parliamentary committees should be better capacitated and trained to deal with the rapidly evolving crime and security environment. “It is important that Parliament has the capacity and up-to-date knowledge to recognise and respond effectively, using the best evidence at its disposal,” he said.
Mr David Bruce of the ISS focused on the constitutional framework governing policing. He noted that Section 207(2) of the Constitution authorises the Minister of Police to issue directions to the National Commissioner of SAPS, but that the scope of this authority remains unclear. According to Mr Bruce, the distinction between policy, strategy and operational matters is inadequate, with a significant grey area between these categories.
He explained that much political influence over policing relates to the deployment of personnel and resources, as well as decisions around the creation, dissolution or reconfiguration of specialised units or task teams, matters that are both strategic and operational. Mr Bruce further observed that, in practice, the Minister’s political responsibility for policing may extend beyond high-level oversight to direct interventions at the interface between police and communities.
He cited examples from former Minister of Police Bheki Cele’s tenure, during which the Minister frequently intervened in community safety disputes and, in some instances, appeared to make operational commitments on behalf of the police. It remains unclear whether such commitments were consistently authorised by the National Commissioner. Mr Bruce concluded that while such interventions may not have exceeded the Minister’s powers, current legislation does not clearly define the limits of ministerial authority, contributing to blurred lines of accountability.
The public hearings will continue today. The committee was established in terms of National Assembly Rule 253 to investigate the allegations made by Lt Gen Mkhwanazi and has been granted an extension until 20 February to conclude its work.
Rajaa Azzakani
28 January 2026
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