In a statement, the Speaker reaffirmed her “unequivocal confidence” in the professionalism, competence and integrity of Parliament’s legal advisers. She stressed that the legal services unit is made up of highly qualified, admitted legal practitioners governed by the Legal Practice Act and accountable to the Legal Practice Council.

“Parliament is privileged to be served by one of the most experienced and competent legal teams in the country,” Ms Didiza said. “Over many years, their drafting services and legal advice have withstood the most rigorous legal and constitutional scrutiny, consistently guiding the institution with credibility and authority.”

The Speaker noted that while Members of Parliament may not always agree with legal opinions, those views are grounded in sound legal reasoning and provided to ensure committees and Parliament operate within the framework of the Constitution and the law.

She emphasised the importance of distinguishing between debating the merits of legal advice and making personal attacks on the integrity of those who deliver it. “To cast aspersions on officers of the court for the manner in which they provide their considered advice is not only unfair and unjust to the individuals concerned, but also poses a serious risk to the credibility of Parliament and the integrity of its processes,” she warned.

The Speaker acknowledged suggestions that external legal counsel could be engaged to lead evidence before the Ad Hoc Committee. However, she insisted that Parliament’s internal legal services continue to provide expertise “of the highest standard”.

“Even if external advisers were engaged, they too would be entitled to the same respect and decorum expected towards the highly qualified legal team that currently serves the institution,” she added.

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Following a nine-hour meeting, the Chairperson of the committee, Mr Molapi Soviet Lekganyane, said that the final version of the ToR with agreed amendments will be sent to members within the next two days. This will enable them to review the document before its formal adoption.

Among the items agreed for inclusion in the ToR is that Lieutenant General Mkhwanazi will be the first person to appear before the committee. The committee further agreed that it will procure external legal support and delegated Parliament’s Constitutional and Legal Services to start the process to procure such services.

The committee agreed that witnesses will be required to submit sworn written statements. Other matters agreed to include access to information and protecting whistleblowers, which must be done within the relevant legal provisions.

Mr Lekganyane said the committee will adopt the ToR in its next meeting and is also expected to discuss its draft programme. The committee is expected to conclude its work by 31 October 2025.

Documents for the committee can be found on: https://www.parliament.gov.za/ad-hoc-committee-gen-mkhwanazis-allegations

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