ATM asks Public Protector to explain year-long delay in Senzo Mchunu probe

The African Transformation Movement (ATM)Senzo Mchunu.

Who asked for the briefing and why

The ATM’s parliamentary leader, Vuyo Zungula, wrote to the portfolio committee on justice and constitutional development asking that Public Protector Kholeka Gcaleka be summoned to account for the pace of the investigation. Zungula said the ATM lodged its complaint on 7 July 2025, a day after Lieutenant-General Nhlanhla Mkhwanazi raised concerns about corruption and political interference in the South African Police Service.

Allegations and public interest

Zungula described the allegations against Mchunu as raising questions about the integrity of the criminal justice system and said the public had a legitimate interest in a thorough, impartial investigation completed within a reasonable timeframe.

Legal and parliamentary basis for the request

In his letter Zungula cited constitutional provisions and statutory duties to justify summoning the Public Protector. He referred to Section 56 of the Constitution as the basis to require the Public Protector to appear before the committee and invoked Sections 55(2) and 181(5) to frame Parliament’s oversight responsibilities over institutions that support constitutional democracy.

He also quoted Section 3(2) of the Executive Members’ Ethics Act, 1998, which he said requires the Public Protector to submit a report, including findings and recommendations, to the president within 30 days of receiving a complaint and to report on progress and reasons for delay where investigations cannot be completed within that period.

Concerns about the delay

According to Zungula, approximately 359 days had passed without a final outcome on the ATM’s complaint. He warned that such delays could undermine public confidence in the Office of the Public Protector and the constitutional framework for holding the executive accountable.

“Accordingly, the ATM respectfully, requests that the portfolio committee, must summon the public protector, in terms of Section 56 of the Constitution, to appear before the committee and provide a comprehensive briefing on the status of the investigation into the complaint against Mchunu, the reasons for the prolonged delay, and the anticipated timeframe for its finalisation, thereby enabling parliament to exercise its oversight responsibilities in terms of Sections 55(2) and 181(5) of the constitution and ensure that allegations of executive misconduct are investigated and concluded without undue delay,”

What the ATM wants next

Zungula requested that the portfolio committee prioritise the matter at the start of the third parliamentary term and provide feedback on steps it will take in exercising oversight.