Cape Town – The commission of inquiry into allegations of police inefficiency in Khayelitsha, Cape Town, will hold a preliminary sitting this week, commission spokesperson Amanda Dissel said on Tuesday.

She said the sitting would take place at Lookout Hill, in Khayelitsha, at 10:00 on Wednesday.

“Tomorrow’s hearing is going to focus on procedural aspects,” she said at the Harare Library, where the commission had been taking statements from the community.

“[This is] just to check how far we are. How far the various parties are in terms of preparation, and also the various rules and procedures, and how it’s going to be organised.”

The planned sitting followed a court battle between the commission and Police Minister Nathi Mthethwa to establish the validity of the proceedings.

Mthethwa and several other applicants launched urgent proceedings on 8 November last year, claiming the commission had been unconstitutionally and unlawfully appointed by Western Cape Premier Helen Zille.

The applicants wanted the subpoenas sent by the commission to be set aside, arguing that the commission did not have the powers to issue them.

The matter was dismissed by the Western Cape High Court in January.

Mthethwa and the other applicants went to the Constitutional Court and requested leave to appeal the matter.

The Constitutional Court dismissed their application last month.

The commission had continued to collect statements from community members amid the delays.

Dissel said the second preliminary hearing would take place on 25 November.

The commission was hoping to hold public hearings from 21 January until 21 February.

“If we find that the allegations of inefficiency in the police… are valid then we will have a second phase of inquiries starting in March, which is looking at recommendations of how to deal with the problems.”

– SAPA