Advocate Norman Arendse steps in as evidence leader for Mkhwanazi inquiry

Advocate Norman Arendse, SC, was named on Friday as the evidence leader for the Ad Hoc Committee that will inquire into the serious allegations made by KwaZulu-Natal police commissioner, Lieutenant-General Nhlanhla Mkhwanazi.

Arendse, will be assisted by two advocates, Maria Mokhoaetsi and Lerato Zikalala.

This emerged when the committee met to receive a progress report on the preparations for its hearings set to start later this month.

Briefing the committee, chairperson Soviet Lekganyane said invitations have been sent to seven people identified by the committee.

These were Mkhwanazi, police commissioner Fannie Masemola, suspended minister Senzo Mchunu, deputy policy commissioner Shadrack Sibiya, acting minister Firoz Cachalia and deputy ministers Cassel Mathale and Polly Boshielo.

“There is no additional witness that has been invited. Signed letters are sent to the seven persons named here,” Lekganyane said.

He stated that no person who has been given a date of appearance before the committee yet.

“In the letter we sent out, we requested them to respond before August 3 because we considered the urgency as we had planned to start by 10 September,” he said in an apparent report quoting Sibiya that he would testify on the said date.

Lekganyane also said all had responded except for Mchunu and Cachalia.

Consultation was done with Masemola earlier on Friday while Boshielo and Mathale have requested to do their own consultations.

He also stated that Mkhwanazi has requested the committee to allow him time as he was already engaged with the Madlanga Commission of Inquiry until 24 September.

Lekganyane said if they started on September 16, they will have five weeks to complete their work before the 31 October deadline.

He said should they not conclude the work, they will have to make an application to the House for an extension and there they needed to work with the commission regarding the appearance of the witnesses set to testify.

“There must be a way we work together so that those witnesses can be available anytime either needs them to appear.”

ANC MP Xola Nqola noted the progress made and stated that they should start with the testimony of Mkhwanazi.

"We don’t start with anyone else except General Nhlanhla Mkhwanazi. If we can negotiate the timeframe with the inquiry, we give you the mandate to have conversation if they can allow us to have General Mkhwanazi before 24 September,” he said.

MK Party MP David Skosana complained that former minister Bheki Cele was not among the first witnesses to testify, saying it would be proper to be in the group.

Skosana also questioned the decision to invited Cachalia and the deputy ministers.

Lekganyane explained that the committee had decided so, but it could rescind its decision.

His colleague Sibonelo Nomvalo said they were disappointed Mkhwanazi was not secured on a sooner date.

He asked that “we try to get him earlier than the date agreed upon if that is possible”.

DA MP Glynnis Breytenbach asked that an arrangement be made with the commission to secure Mkhwanazi’s attendance earlier.

EFF leader Julius Malema said they should not be told by Mkhwanazi what must happen and not.

“If we are to look for him, we have to find him. If he is not to make himself available, we are going to summon him. He is the one who started this mess and he has to take responsibility,” Malema said.

But, ANC chief whip Mdumiseni Ntuli said the committee should subpoena witnesses as a last resort.

Ntuli’s sentiments were echoed by other MPs, who felt that a subpoena should not be first port of call and that it was preferable for witnesses to appear voluntarily.

Lekganyane said the committee was of the view that it will take reasonable measures to ensure Mkhwanazi appeared with the option of summons as the last resort.

He said they would try to get him to appear before the committee on any date before September 22.

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