EFF SUBMISSIONS DURING THE AD HOC COMMITTEE ON THE ALLEGATIONS OF LIEUTENANT GENERAL NHLANHLA MKHWANAZI

MAKEKASIGREAT©®™ @KASIBC_AFRICA \

ONLINE EDITOR @KASIBC_AFRICA 

EFF SUBMISSIONS DURING THE AD HOC COMMITTEE ON THE ALLEGATIONS OF LIEUTENANT GENERAL NHLANHLA MKHWANAZI

A. INTRODUCTION

1. On Monday, 18 August 2025, the Economic Freedom Fighters (EFF) participated in the second sitting of the Ad Hoc Committee established to investigate the allegations made by Lieutenant General Nhlanhla Mkhwanazi. The meeting commenced at 11:00AM and concluded after a full day of deliberations, ending in the evening shortly after 8:00PM.

2. The Committee’s task was to consider and adopt Terms of Reference that would guide its work. The EFF had submitted its written proposals on 8 August 2025, in line with the agreement of the Committee, ensuring that its inputs were available for all members to engage with during the drafting process.

3. This pamphlet provides a detailed account of the EFF’s submissions, how the Party engaged the proposals of other political parties, and the interventions made to protect the integrity of the Committee’s work.

B. EFF SUBMISSIONS: SUBSTANTIVE PROPOSALS

4. The EFF’s submissions were substantive, comprehensive, and rooted in the principles of accountability, independence, and transparency. All substantive proposals were accepted by the majority of the Committee. The following key amendments and insertions were advanced:

4.1. Expand the scope of the enquiry: The Terms of Reference must not only address the allegations made by Lt Gen Mkhwanazi but also investigate systemic governance failures within the South African Police Service (SAPS), Metro Police divisions, the National Prosecuting Authority (NPA), judiciary, and correctional services.

4.2. Collusion between state and criminal syndicates: The Committee must specifically probe allegations of collusion between politicians, law enforcement officials, prosecutors, judges, and organised criminal syndicates.

4.3. Accountability of organs of state: Insert a clause allowing the Committee to investigate any failure by organs of state or members of the executive to comply with their legal obligations and to recommend remedial action.

4.4. Allegations against Members of Parliament: Ensure the scope explicitly covers allegations made against Members of Parliament linked to criminal syndicates.

4.5. Witnesses: Extend the framework to allow incarcerated persons to be called as witnesses and to provide that all witnesses may have legal assistance either privately or through Legal Aid.

4.6. Independent evidence leader: Insist on the appointment of external senior counsel with proven experience to serve as evidence leader, rather than relying on Parliamentary Legal Services, which lack independence and credibility.

4.7. Transparency and public participation: Strengthen provisions to ensure meetings are open to the public, broadcast on Parliament’s YouTube channel and other platforms, while balancing this with the need to protect classified or sensitive information.

4.8. Handling of Classified Documents:

C. ENGAGEMENT WITH OTHER POLITICAL PARTIES

5. The EFF engaged the submissions of other political parties constructively, supporting those that strengthened the work of the Committee and opposing those that were misguided or opportunistic.

ANC Proposals – Change of mandate: The ANC proposed replacing the word investigate with enquire, thereby diluting the Committee’s powers.

EFF objection – This was firmly rejected. The National Assembly resolution clearly mandated the Committee to investigate. Any attempt to weaken this language undermines Parliament’s resolution and the constitutional responsibility to hold the executive to account.

ANC proposal – Methodology and witnesses: The ANC proposed that the Committee’s approach and witnesses be determined primarily on the basis of Lt Gen Mkhwanazi’s evidence.

EFF objection: The EFF argued this would narrow the scope improperly. While his evidence was the trigger, the enquiry must examine the broader systemic crisis affecting policing, prosecution, and governance.

ANC Proposal – Parliamentary Legal Services as evidence leaders: The ANC argued that Parliamentary Legal Services should serve as evidence leaders, citing efficiency and cost-saving.

EFF objection – The EFF rejected this on grounds of independence and impartiality.

Parliamentary staff are structurally accountable to the Speaker and the ANC Chief Whip. Their involvement would compromise credibility. The Committee agreed instead that external senior counsel with relevant expertise must be appointed.

The EFF also noted that while some proposals from the DA tended to repeat or over expand on matters already covered, they were not objectionable. Proposals from MKP were largely administrative in nature and immaterial to the substantive issues except the matter of handling classified information.

Where information submitted to the Committee points to classified documents that conceal or relate to criminality within the scope of the enquiry, the Committee must assist with the necessary legal processes to have such documents declassified.

Parliament, as an organ of state mandated to hold the executive accountable, cannot allow classification to be used as a shield against exposure of wrongdoing. The Committee must therefore be empowered to facilitate declassification in a lawful manner so that all relevant evidence can be interrogated transparently and thoroughly.

D. DEFENCE OF PROPER PROCESS

6. During the course of the 10-hour meeting, an attempt was made to adopt the Terms of Reference without members having sight of the final consolidated document.

The EFF intervened decisively, objecting to such a move. The Party insisted that no Terms of Reference should be adopted unless every member had read, interrogated, and understood the final draft.

7. This objection carried the support of other political parties, and the Chairperson had to concede. The EFF reminded the Committee that the credibility of its work rests on thoroughness and fairness, particularly given the magnitude of the allegations before it.

E.OUTCOME OF THE MEETING

8. The outcome of the 18 August 2025 sitting was clear:

8.1. No Terms of Reference were adopted.

8.2. A further urgent meeting will be convened to consider and adopt a final draft.

8.3. The Committee resolved to secure the services of external senior counsel as evidence leader, in line with the EFF’s proposal.

8.4. Members raised concerns, led by the EFF, about the poor quality of back-office support, which reinforced the need for independent legal expertise.

F.CONCLUSION AND CALL TO THE PUBLIC

9. The Economic Freedom Fighters reaffirm their commitment to engaging the Ad Hoc Committee with seriousness and determination. The Committee has a historic responsibility to investigate the allegations raised by Lt Gen Mkhwanazi, which touch on organised crime, political interference, and systemic governance failures.

10. The EFF calls on all members of society to take active interest in the work of the Committee. The meetings are open and broadcast live on Parliament’s YouTube channel and selected media platforms. Citizens must follow these proceedings, as the outcomes will have significant implications for policing, justice, and accountability in South Africa.

11. The EFF will continue to play its role without fear or favour, ensuring that the

truth is brought to light and that accountability is upheld.

 MAKEKASIGREAT©®™ @KASIBC_AFRICA