The Ad Hoc Committee to Investigate Allegations made by the South African Police Service KwaZulu-Natal Provincial Commissioner, Lieutenant General Nhlanhla Mkhwanazi, this week held extensive and robust deliberations on its terms of reference (ToR).
Committee Chairperson Mr Molapi Soviet Lekganyane said after a marathon nine-hour engagement, the meeting agreed that the final version of the ToR that contains the amendments will be sent to Members within the next two days and will then be adopted.
Among the items agreed to by the committee that must be included in the ToR, is that Gen Mkhwanazi will be the first person to appear before the committee. The committee further agreed that it will procure external legal support to lead the evidence gathering process. The committee delegated Parliament’s Constitutional and Legal Services to start the process to procure such services and was assured it would take three to four days to appoint such services.
The committee is empowered by National Assembly Rule 253 and was established following the allegations made by General Mkhwanazi.
The committee agreed that any identified witnesses should submit a sworn written statement and to thereafter appear before it, where deemed necessary, and to answer oral questions related to the subject matter. This procedural safeguard will ensure that the committee deals solely with matters of fact and verified evidence, thereby precluding the admission of hearsay or unsubstantiated claims. However, this requirement should not obstruct the committee’s ability to explore further evidence presented by any witness, should new information arise during the inquiry.
Members debated proposals relating to the legal framework, including how to handle classified and sensitive information. Some proposals suggested that the committee refer matters to relevant authorities rather than determining criminal liability, to preserve the separation of powers. Most members agreed that the committee should adhere to existing National Assembly protocols.
The question of the protection of whistleblowers were also highlighted. It was agreed that all measures should be put in place in order to protect whistleblowers who might face intimidation or threats. The guiding legislation, like the Protected Disclosures Act, will be taken into consideration. The meeting further agreed that independent psychosocial support shall be made available to vulnerable witnesses.
In terms of the questioning of witnesses by committee members, some were in favour of allocating a minimum time, for instance, 30 minutes to each member for questions whilst others felt this should be left to the discretion of the chairperson and should not find expression in the ToR.
Mr Lekganyane said the committee will adopt the ToR in its next meeting and is also expected to discuss its draft programme. The committee is expected to conclude its work by 31 October 2025.
Documents for the committee can be found on: https://www.parliament.gov.za/ad-hoc-committee-gen-mkhwanazis-allegations
Rajaa Azzakani
21 August 2025
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