Mayibongwe Maqhina|Published 19 minutes agoThe draft overview and committee report have yet to be considered by the committee, and implicated parties are expected to be given an opportunity to respond to the findings.Briefing the Ad Hoc Committee on Thursday night, parliamentary legal advisor Andile Tetyana said Mchunu’s legal team complained that the evidentiary overview pre-empted making findings across the scope of the terms of reference by the committee.“The lawyers submit that adopting such an approach is prejudicial to their client’s rights. They argue 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 a submission,” Tetyana said.He clarified that evidence leaders were independent legal professionals assisting the committee by summarising the testimony and pointing out discrepancies for the committee’s deliberations.“To refer to the document presented on May 28 as a draft report is a mischaracterisation to say the least. Members decide on the evidence, not the evidence leaders,” he said.Tetyana further said the committee has not deliberated on the summary of the record placed before it and will do so at the appropriate time.He added that the committee will ensure that all persons it proposes to make adverse findings have an opportunity to address those findings.“We propose we write to the lawyer to say the committee has not even started deliberations, even on the draft committee report,” said Tetyana.ANC MP Khusela Sangoni-Diko said the report on the evidential overview was a summary of the evidence presented.“It is unfortunate and too early for the minister to want to raise what he believes is prejudicial conduct against him. We reject the notion that evidence leaders acted outside their scope,” said Sangoni-Diko.Other parties represented in the committee agreed with Sangoni-Diko.Committee Chairperson, Soviet Lekganyane, said they will write to Mchunu’s legal team, telling them that the committee is still considering the report and parties would have an opportunity to have sight of the report before it is submitted to the National Assembly.Lekganyane described the action by Mchunu’s legal team as premature, saying they were supposed to advise Mchunu correctly.“The minister knows the procedures in Parliament that the committee does not have an official report at this stage. We received a draft, which is now before the committee for consideration.”He added that the lawyers could have waited before sending the letter, as the committee had not even said a word.“The committee is very busy with very serious matters, and they should not bring unnecessary issues before this committee, especially when they know that they will be afforded that opportunity. This action they have embarked upon is utterly premature,” he said.The parties indicated that they will be ready to discuss the draft evidential overview and the committee reports next week.The committee’s secretariat is expected to develop a timetable of meetings.Another request to be made is for the extension of the committee's June 12 deadline to allow it to submit its report.Meanwhile, there is a stand-off between the Ad Hoc Committee and the Joint Standing Committee on Intelligence (JSCI) over the report of the Inspector-General on Intelligence into the Crime Intelligence’s purchasing of properties and vetting of officials.Acting Police Minister Firoz Cachalia had committed to forwarding the reports to Parliament, and that process involved the JSCI.Lekganyane said he had written to JSCI Chairperson Sylvia Lucas regarding the report, but has not received a response.He said that upon following up on the matter, they were advised that he should call Lucas.“That is something I vehemently refused because I can't be undermined as chair of the Ad Hoc Committee,” said Lekganyane, adding that there had been no acknowledgement of their letter as a courtesy or a show of professionalism by an organ of state.The committee resolved to take up the matter with National Assembly Speaker Thoko Didiza.“We will write to the Speaker expressing our displeasure at how the committee feels ill-treated by the JSCI, and appeal for intervention so that the Office of the Speaker helps us in this regard,” said Lekganyane.[email protected]
'This action is utterly premature': Ad Hoc Committee rebukes Senzo Mchunu's legal team over evidentiary report
The Ad Hoc Committee has strongly rebuked the legal team of suspended Police Minister Senzo Mchunu, asserting that their objections to the draft evidentiary overview report are premature and that all parties will have the opportunity to respond before any findings are made.







