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POLICING IN CRISIS

MPs discuss witness safety and evidence handling in SAPS corruption inquiry

Parliament’s ad hoc committee, set to deal with accusations forming the core of South Africa’s developing law enforcement crisis, is inching ahead. MPs have tried to iron out its terms of reference, including how witnesses and confidential material will be dealt with.
MPs discuss witness safety and evidence handling in SAPS corruption inquiry Illustrative image | The ad hoc committee’s chair, the ANC’s Molapi Lekganyane. | Lieutenant General Nhlanhla Mkhwanazi, KwaZulu-Natal police commissioner. (Photo: Gallo Images / Darren Stewart)

The safety of witnesses and the handling of confidential information.

These are some of the key issues that were discussed in Parliament on Monday, 18 August 2025, during a meeting of its ad hoc committee focused on recent high-level accusations of corruption in the South African Police Service (SAPS).

The committee was trying to finalise its terms of reference.

Monday’s meeting stretched on for more than seven hours and involved a microscopic focus on various submissions from different political parties – and the use of specific words.

Even the use and meaning of “investigate” was analysed, with MPs pointing out that there was a difference between how police view it, and what it meant for the ad hoc committee.

At times, various emotions were expressed during the laborious proceedings, with MPs sometimes agreeing, disagreeing, and also expressing anger and frustration.

The meeting, which started around 11am, was still in progress towards 7pm.

Mkhwanazi in focus

Among the various issues the ad hoc committee thrashed out earlier in the day was the witnesses that would be called.

The ANC submitted that KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi should be first and that his evidence be used to determine the approach in terms of other witnesses.

This is because the ad hoc committee is set to largely focus on what Mkhwanazi previously alleged.

During a press briefing on 6 July, he had made several accusations, including that a drug cartel based in Gauteng was controlling a high-level criminal syndicate that extended into the SAPS, the Police Ministry, Parliament, official prison structures, the judiciary and other law-enforcing authorities.

Mkhwanazi also alleged that the police minister at the time, Senzo Mchunu, along with several other figures including Deputy National Commissioner of Crime Detection Lieutenant General Shadrack Sibiya, had undermined investigations into political killings and organised crime.

Read more: Mkhwanazi fallout intensifies as Sibiya told to ‘step aside’ after political killing accusations

Mchunu and Sibiya, who were subsequently placed on leave, denied it.

Sibiya is also taking legal action in terms of being put on leave.

President Cyril Ramaphosa ordered a Commission of Inquiry be set up to investigate Mkhwanazi’s accusations.

The accusations have also become a focal point in Parliament.

‘Cop corruption suspicions – nothing new’

This is because the Speaker previously asked the police committee and its justice and constitutional development committee to determine how to exercise oversight of the police service.

The ad hoc committee was decided on to look into Mkhwanazi’s accusations.

During its meeting on Monday, ActionSA’s Dereleen James said it was acceptable for Mkhwanazi to be called as the first witness.

However, she pointed out: “What Mkhwanazi said and mentioned to South Africans is not new.”

James explained that South Africans knew about corruption in the SAPS.

What had been new and shocking was the way Mkhwanazi had held a press conference to air his allegations.

‘Threats, intimidation, reprisals’

Another of the many issues focused on when fine-tuning and trying to finalise the ad hoc committee’s terms of reference on Monday related to the safety of witnesses.

The MK party, for example, had suggested recommendations be made or measures put in place to deal with “threats, intimidation, or reprisals directed at potential or actual witnesses, whistleblowers, or their associates”.

The MK party’s David Skosana said: “People are going to be intimidated.”

He used himself as an example, saying that he had access to protection, but that was not the case for others.

Most MPs agreed that the submission about witnesses and whistleblowers was important and needed to be fine-tuned.

The DA also submitted that whistleblower confidentiality needed to be kept in mind.

Other issues in this arena included who would ultimately ensure witnesses were kept and safe, assistance for some those making statements, and the safeguarding of documents.

The DA, focusing on another arena, submitted that aspects around the police’s Political Killings Task Team, which was set up in 2018, needed to be assessed.

These aspects included its effectiveness.

Mkhwanazi, during his press conference last month, alleged the task team had been disbanded to shield politically connected suspects from prosecution.

Evidence leader

In terms of the ad hoc committee’s evidence leader, the ANC proposed using the legal counsel services “of the National Assembly in an advisory capacity to assist the committee to carry out its work”.

Issues including independence and impartiality then arose.

The EFF’s Leigh-Ann Mathys said a “seasoned evidence leader with full impartiality” was needed.

ActionSA rejected the ANC’s proposal.

The ad hoc committee’s chair, the ANC’s Molapi Lekganyane, said draft specifications needed to be determined with regard to a legal team.

These would be put to the committee.

Factors that had to be determined included the number of people needed, the competencies required, the work they would do, how much they would be paid and if money was available to meet that. DM

Comments

Rae Earl Aug 19, 2025, 09:40 AM

It would seem mandatory that every suspect fingered by Mkhwanazi from Senzo Mchunu down must be closely monitored every minute of every day with regard to their movements, who they associate or meet with, and what their daily activities are. There are very high stakes at play here and SA is no stranger to players in political games like this meeting with untimely demise.