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Parliament, Thursday, 21 August 2025 - The Speaker of the National Assembly, Ms Thoko Didiza, has noted with concern certain remarks made during proceedings of the Ad Hoc Committee established to investigate allegations made by KwaZulu-Natal Provincial Commissioner, Lieutenant General Nhlanhla Mkhwanazi. These remarks questioned the competence and integrity of the Parliamentary Legal Services team assigned to support the Committee.
The Speaker wishes to place on record her unequivocal confidence in the professionalism, competence and integrity of Parliament’s legal advisory services. Parliamentary legal advisers are not merely administrative staff members; they are all highly qualified, admitted legal practitioners, governed by the Legal Practice Act and accountable to professional bodies such as the Legal Practice Council. Their work is rooted in principles of ethical conduct, professional responsibility, and the pursuit of justice in support of the constitutional mandate of Parliament.
Parliament is privileged to be served by one of the most experienced and competent legal teams in the country, distinguished by a wide and diverse array of legal expertise. Over many years, the drafting services and advice provided by this unit have passed the test under the most rigorous legal and constitutional scrutiny and the team has consistently guided the institution with credibility and authority. While Members of Parliament may, at times, find certain legal opinions unpalatable or may disagree with them, such opinions are nonetheless based on sound legal reasoning and are always intended to support both Committees and the institution as a whole, to act within the framework of the Constitution and the law.
The Speaker emphasises that constructive engagement with legal advice is both natural and welcome in a democratic parliamentary setting. However, it is profoundly important to distinguish between debating the merits of advice and launching unjustified personal attacks on the integrity or competence of the legal professionals who provide it.
To cast aspersions on these officers of the court for the manner in which they deliver their legal opinions or for their considered advice, is not only unfair and unjust to the individuals concerned, but also poses a serious risk to the credibility of Parliament and to the integrity of its processes, including those currently before the ad hoc committee.
While there is a suggestion that an external legal advice be sought to lead evidence in the Ad hoc Committee, the Speaker reaffirms that its internal legal services continue to provide the necessary expertise of the highest standard. Even if external advisers were engaged, they too would be entitled to the same respect and decorum expected towards the highly qualified legal team that currently serves the institution.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Media Enquiries – Mr Moloto Mothapo, Parliament Spokesperson
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