Parliament does not need a formal inquiry to investigate some of the allegations made by KwaZulu-Natal police commissioner, Lt-Gen Nhlanhla Mkhwanazi, about the rot in the police.
This is according to Andile Tetyana from parliament's legal services, who told a joint sitting of the portfolio committees on police and justice.
He said that some of Mkhwanazi’s claims could be addressed by existing structures such as the joint ethics committee or the powers and privileges committee. Last week, the National Assembly speaker Thoko Didiza asked the portfolio committees on police, justice and constitutional development and the joint standing committee on intelligence to look into allegations of interference made against police minister Senzo Mchunu.
“There are issues which Gen Mkhwanazi made which, of course, in our opinion as legal services, do not require a formal inquiry in order for those issues to be addressed,” said Tetyana.
“One of which is the issue of the status of the political killings task team. You will recall that Gen Mkhwanazi told the nation that there was a letter from [police] minister Mchunu which had directives about closing the task team itself. Gen Mkhwanazi told us that given the fact that the instruction did not come from the national commissioner [Gen Fannie Masemola], the work of that task team is still continuing.”
Tetyana added that a formal inquiry was also not necessary for parliament to get clarity on the 121 case dockets that Mkhwanazi alleged were removed from the political killings task team and handed to the office of deputy commissioner for crime detection, Gen Shadrack Sibiya.
Mkhwanazi had said that five of those dockets already had instructions to arrest the suspects.
“All I am trying to demonstrate is that for parliament to ask what is the status of these 121 dockets, I don’t think this requires a formal inquiry,” Tetyana said.
At a media briefing on July 6, Mkhwanazi accused Mchunu of interfering in sensitive investigations and protecting controversial businessman Vusimuzi “Cat” Matlala.
A committee of parliament, with all its powers, can be able to call the member of the executive responsible for policing and get clarity as to what is happening in relation to these matters.
— Andile Tetyana
He alleged that Mchunu had ties with individuals outside the police force, including Matlala and his associate Brown Mogotsi.
Mkhwanazi alleged that Mogotsi had influenced Mchunu's decision to disband the political killings task team in December.
He further alleged that Sibiya was in cahoots with Mchunu to shut down the political killings task team.
Mkhwanazi also said a police investigation had uncovered a syndicate run by a drug cartel.
Tetyana also pointed to other serious issues raised by Mkhwanazi such as the ongoing vacancies in crime intelligence.
“There is an issue of filing of vacancies within crime intelligence, and Gen Mkhwanazi told the nation that the commander of crime intelligence – that post is still vacant, so is the national one.”
Tetyana also referred to a statement made by Mchunu on March 5 when he told parliament that he did not know Brown Mogotsi but after the allegations made by Mkhwanazi, he changed tune and said Mogotsi was his comrade.
“A committee of parliament, with all its powers, can be able to call the member of the executive responsible for policing and get clarity as to what is happening in relation to these matters,” Tetyana said.
“Minister Mchunu is not clothed with legal immunity by virtue of him being on special leave. We know for a fact that he will be a material witness in the work of the commission, and should criminal conduct be found on his part, he will be charged and prosecuted.”
SowetanLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.