Suspended Police Minister Senzo Mchunu has challenged a draft report prepared by the evidence leaders of parliament’s ad hoc committee, arguing that it contains findings that pre-empt the committee’s work and prejudice his rights.
Parliament’s legal adviser, Andile Tetyana, confirmed that Mchunu’s legal team had written to the committee to object to the contents of the evidentiary overview prepared by the evidence leaders.
“At the heart of his correspondence is an allegation that, in presenting their evidentiary overview, the evidence leaders have pre-empted this process by making findings across the entire scope of the terms of reference,” Tetyana told the committee.
In their evidentiary overview, the evidence leaders concluded that Mchunu acted outside constitutional and legal boundaries by issuing a directive in December 2024 to disband the political killings task team without consulting the president, the national police commissioner, the National Prosecuting Authority or the State Security Agency.
Mchunu’s lawyers argue that the evidence leaders had exceeded their mandate by effectively assuming the role of decision-makers.
“The minister’s lawyers submit that adopting such an approach is prejudicial to their client’s rights,” he said. “They argue that it is impermissible for the evidence leaders to step into the shoes of the committee and become decision-makers, particularly in circumstances where no party has been afforded the right to make submissions.”
President Cyril Ramaphosa placed Mchunu on special leave in 2025. KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi’s explosive July briefing led to the establishment of both the ad hoc parliamentary inquiry and Madlanga commission.
The committee is investigating claims that Mchunu acted improperly when he ordered the disbandment of the political killings task team. The report also found evidence suggesting that Mchunu misled parliament about the reasons for disbanding the unit.
Tetyana defended the role of the evidence leaders, describing them as independent legal professionals tasked with assisting the committee.
“In assisting the committee, evidence leaders operate as a support mechanism by summarising complex documents, pointing out discrepancies and empowering committee members, who are often not lawyers, to make informed and credible decisions,” he said.
The evidentiary overview was not a committee report but rather a summary of the evidence collected during the inquiry, he said.
“It structures the evidence and turns raw documents and testimony into an organised record. To refer to the document presented to this committee on 28 May as [a final] report of the committee is a mischaracterisation,” he said.
Tetyana added that the committee had not yet deliberated on the evidentiary overview and that a provisional report would be produced only after members had considered the evidence.
The provisional report would then be provided to affected parties, who would be allowed to respond before a final report was adopted.
Committee chairperson Soviet Lekganyane described Mchunu’s challenge as premature.
“We have received a letter from the lawyers of Honourable Mchunu, the minister of police, who is on leave. They have issues that they are raising with us, as the committee, on the report,” Lekganyane said.
“We have received draft reports that are now before the committee for consideration. We have not said a single word but they have already sent us a letter raising objections to what they think has happened.”
Lekganyane said the committee had consistently maintained that affected parties would be allowed to respond once a provisional report had been completed.
“The committee is very busy with very serious matters and they should not bring unnecessary issues before this committee, especially when they know they will be afforded that opportunity. This action they have embarked on is utterly premature,” he said.
He added the committee should simply inform Mchunu’s lawyers that it had not yet begun deliberating on the evidentiary overview and that no final findings had been made.
Parliament’s ad hoc committee defended the evidence leaders’ draft report after suspended Police Minister Senzo Mchunu objected to the findings that he dismantled the PKTT without consultation and for nefarious reasons
