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The Speaker of the National Assembly, Ms Thoko Didiza, welcomes the Ad Hoc Committee Investigating Allegations made by Lieutenant General Nhlanhla Mkhwanazi’s continued engagement with Mr Brown Mogotsi and Mr Paul O’Sullivan, following her guidance that further substantive engagement be pursued before resorting to the issuing of summonses.
 
The Speaker is pleased that this approach has resulted in one of these witnesses availing himself to appear physically before the Ad Hoc Committee to testify, from Tuesday, without the need for summonses to be issued. The Speaker understands that engagements are continuing with another witness, Mr Mogotsi. Should further engagement not yield the necessary outcome, the Speaker will be advised by the Ad Hoc Committee so that the issuing of a summons may be considered.
 
The issuing of a summons is a serious legal measure and must remain an act of last resort. It cannot be invoked lightly or without meeting the strict legal requirements prescribed by law. Issuing summonses prematurely or without proper procedural grounding risks undermining the credibility of Parliament’s processes and exposing them to avoidable judicial review.
 
The Speaker reiterates that her guidance to the Committee to continue engaging substantively with the witnesses was aimed at ensuring that the Committee’s work proceeds in a manner that is lawful, procedurally fair, and capable of withstanding constitutional and judicial scrutiny.
 
The Speaker affirms that the Ad Hoc Committee’s decision to pursue further engagement with the witnesses—without immediately resorting to summonses—was correct and consistent with constitutional and procedural requirements. A summons issued without meeting the necessary legal threshold would not have withstood judicial scrutiny and could have weakened, rather than strengthened, the Committee’s work.
 
The Speaker’s role in supporting the work of parliamentary committees includes acting as a constitutional safeguard to ensure that due process is followed. This is essential to protecting Parliament’s institutional integrity, legal standing, and the legitimacy of parliamentary oversight.

The Speaker commends the Ad Hoc Committee for its continued engagement with the witnesses and wishes it well in the execution of its mandate.

Issued by the Parliament