2 days ago
Madlanga promises transparency as Judicial Commission starts probe into political interference in law enforcement
Commission preparing to hear evidence on alleged infiltration of police, prosecution, intelligence, and judiciary by criminal networks.
First witness consultation scheduled as public encouraged to share relevant information.
Ramaphosa promises transparency and swift action as Mchunu steps aside and hearings prepare to go public.
Acting Deputy Chief Justice Mbuyiseli Madlanga has announced that the work of the judicial commission of inquiry set to investigate allegations of political interference within law enforcement has officially commenced, with the first consultation with a witness expected imminently.
Madlanga briefed the media in Sandton on Monday, outlining the commission's current status and the steps ahead.
Madlanga who was appointed by President Cyril Ramaphosa to lead the inquiry established to investigate serious corruption allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanaz,i explained that this initial consultation will guide the commission on what further information to pursue.
'We are mindful that South Africans are eager to see the first witness take the stand. We share that eagerness and are moving with the necessary urgency to make it happen,' he said.
However, Madlanga emphasised that allegations alone do not mean evidence hearings can start immediately.
We must first carry out consultations and assess the information gathered. This may require follow-up consultations to strengthen the case where necessary.
He assured the public that the commission is treating the matter with the seriousness and speed it deserves, aiming to begin formal hearings by August 2025.
Madlanga also highlighted the importance of public participation, encouraging members of the public to submit any relevant information they may have, once the commission's infrastructure is in place.
Currently, the commission is finalising the procurement of a building in Gauteng where the hearings will be held. While this process is ongoing, Madlanga confirmed that it will not delay the commission's preparatory work, which is progressing at full speed.
The first consultation has already been scheduled, and appointments of senior professionals who will assist the commission are underway.
These experts were carefully selected based on their experience, and Madlanga introduced his fellow commissioners and senior team members during the briefing.
Among the senior team are senior counsels Sesi Baloyi and Sandile Khumalo and several senior counsel advocates. Madlanga expressed confidence in this team's ability to deliver on the commission's mandate.
Regarding the timeline, Madlanga said the commission will work within a set schedule but remains open to extensions if necessary.
He reminded the media and public that the commission's terms of reference cover a broad scope of investigation, including key law enforcement and criminal justice institutions such as the police services, prosecuting authority, intelligence agency, judiciary, correctional services, and any relevant executive members.
The commission's mandate focuses on investigating the infiltration of these institutions by criminal syndicates. Madlanga said the commission intends to submit an interim report within the first three months, which may include recommendations for concrete actions based on the evidence gathered.
He also outlined that the commission hearings will generally be open to the public and live streamed, ensuring transparency, except in cases where the chairperson may direct otherwise.
Lastly, Madlanga addressed ongoing litigation in the Constitutional Court challenging the establishment of the commission and requests to halt its processes. He confirmed that the commission will respect any court decisions, whether interim or final.
With these foundational steps underway, the judicial commission is moving decisively to uncover the truth behind the serious allegations and restore public confidence in the criminal justice system.
At the time Ramaphosa addressed the nation on the establishment of this judicial commission, he said:
These allegations, if proven true, threaten to undermine public confidence in the ability of the South African Police Service to protect citizens and combat crime and corruption.
He said the commission will investigate claims that criminal networks have infiltrated law enforcement, intelligence agencies, and other elements of the justice system.
Areas of focus include the facilitation of organised crime, manipulation of investigations, and targeting of whistleblowers and officials.
Ramaphosa said the commission will also investigate the possible involvement of current or former senior officials across the SA Police Service (SAPS), the National Prosecuting Authority, the State Security Agency, the judiciary, and metro police departments in Johannesburg, Ekurhuleni and Tshwane.
Mkhwanazi alleged that the disbandment of the Political Killings Task Team in KwaZulu-Natal by then-Minister of Police Senzo Mchunu in March effectively shut down 121 active dockets, many involving politically motivated murders. He claimed the move was deliberate, aimed at protecting a criminal syndicate deeply entrenched in politics, law enforcement, the judiciary, and business.
Mkhwanazi presented WhatsApp messages, SAPS documents, and cellphone records as evidence of coordinated efforts to dismantle the task team. He implicated Mchunu's associate, Brown Mogotsi, in communicating with businessman Vusimuzi 'Cat' Matlala, who was awarded a R360 million SAPS contract that has since been cancelled.
Ramaphosa responded by stating that the newly established judicial commission will assess prima facie evidence involving individuals in law enforcement and intelligence agencies. The commission will have the authority to recommend suspensions and refer matters for criminal investigation and prosecution based on the nature of the allegations and evidence uncovered.
Ramaphosa stressed the urgency and thoroughness required and confirmed that the commission will issue interim reports after three and six months, with a final report to be submitted to the President, the Speaker of the National Assembly, and the Chief Justice.
In the meantime, Mchunu has been placed on a leave of absence. Professor Firoz Cachalia, chair of the National Anti-Corruption Advisory Council and a law professor, is set to take over as Minister of Police in August. For now, Gwede Mantashe is serving as the acting minister.
