Two of South Africa’s arms of state—the Executive and the Legislature—have launched separate investigations into shocking allegations made by KwaZulu-Natal Police Commissioner, Lieutenant General Nhlanhla Mkhwanazi.
President Cyril Ramaphosa has appointed a judicial commission led by Justice Mbuyiseli Madlanga, while Parliament has set up an ad hoc committee to investigate claims of criminal capture involving drug syndicates, senior politicians, law enforcement leaders, and members of the judiciary.
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Mkhwanazi informed the committee that he could not appear before September 24 because of his commitments to the Madlanga Commission. His statement angered several MPs, with some insisting Parliament should not be sidelined.
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EFF MP Leigh-Anne Mathys said: “We cannot play second fiddle to the Commission of Enquiry, even the suggestion that we must have our meetings in Juba, we shut that down in our very first meeting.
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“If anything, let that commission come to Cape Town. Already, we are making ourselves appear as though we are not a serious Ad-hoc Committee and the commission of enquiry is taking precedence over this.”
MK Party MP Sibonelo Nomvalo echoed the concern, stating: “The ad-hoc committee was established by parliament, not by the Executive. Therefore, our operations can never be dictated by the programme of the Commission of Enquiry.”
Tensions Over Mandates and Separation of Powers
The parallel investigations have created the perception of competition, but their roles differ. The Madlanga Commission is tasked with providing recommendations to the President, while Parliament’s ad hoc committee is exercising its oversight role.
Rise Mzansi leader and Scopa chairperson, Songezo Zibi, said both must proceed: “The two must happen together; there is a separation of powers in South Africa’s Parliament, it must do its work, and the Judicial Commission of Enquiry must do its work. There are people who believe the Commission of Enquiry is not necessary.
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“You cannot have the police investigating themselves. I understand South Africans are tired of commissions. I am tired of commissions, but if you are going to have an investigation, it must be credible.”
Despite some overlapping powers such as summoning witnesses and compelling documents, the Madlanga Commission has broader authority. It is empowered to probe eight government institutions, conduct search-and-seizure operations, hold in-camera hearings, and refer matters for immediate criminal investigation.
Parliament’s committee, meanwhile, faces constraints in handling classified information.
Classified Information and Political Debate
Ad hoc committee member Khusela Sangoni Diko noted the limits: “We would need to engage with other state organs, whether it is the SAPS, whether it is any other intelligence service, we believe can make a decision on whether to reclassify the information for us to engage with.
“At this point, we simply do not have the authority to do so, and we would not want to undermine or subvert the law by seeking to handle classified information in this committee.”
DA MP Diane Kohler-Barnard added that the committee may have to rely on the Joint Standing Committee on Intelligence report:
“Already, the JSCI has gone through their process of interviewing various participants in this matter and has put together a report which has gone to the Speaker. Whether that report will now be redacted and declassified is up to the powers that be.”
In contrast, the Madlanga Commission’s chief evidence leader, Adv Matthew Chaskalson, confirmed it has enjoyed support from state authorities:
“We are required to have classified information declassified, we do not have the power to do it ourselves but thus far we have had no difficulty from the relevant authorities in getting declassification of classified information that we wanted declassified.”
Analysts Weigh In as Timelines Diverge
Political analyst William Gumede suggested Parliament should focus on strengthening its oversight:
“Maybe I would say two things that Parliament needs to do: one, wait until this inquiry is done, then do a follow-up. If they want to do an enquiry now, they should rather do an in-house enquiry, looking at how they strengthen their own role in dealing with the commissions of enquiry.”
However, analyst Sandile Swana argued that the parallel probes are unnecessary:
“Many of these issues can be handled by the SIU, some by the ad hoc committee, some by the police, and so on. We are not a new republic; we are very experienced in dealing with scandals, misdemeanours, and irregularities, and we have the mechanisms to do so. So, this duplicative effort is typical of our president.”
The Madlanga Commission is set to begin public hearings on September 17, with an interim report expected within three months and a final report within six months. Parliament’s ad hoc committee, still finalising its starting date between September 16 and 22, is expected to conclude its work by October 31.
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