By Johnathan Paoli
The Madlanga Commission’s interim report has referred 14 people for “immediate criminal investigation and urgent decisions on prosecution”, the presidency said on Thursday.
The referrals relate to five SAPS officials: Major General Lesetja Senona, Major General Richard Shibiri, Brigadier Mbangwa Nkhwashu, Brigadier Rachel Matjeng and Sergeant Fannie Nkosi.
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Also named are nine current and former employees of the Ekurhuleni Metropolitan Municipality (EMM) and the Ekurhuleni Metro Police Department (EMPD), including suspended EMPD deputy chief Julius Mkhwanazi and former city manager Imogen Mashazi, presidential spokesperson Vincent Magwenya said.
“Where the commission has said that there is prima facie evidence of wrongdoing, it has made referrals for investigation by the appropriate officials in the South African Police Service, Independent Police Investigative Directorate or the Ekurhuleni Metropolitan Municipality,” Magwenya said.
President Cyril Ramaphosa had directed law enforcement agencies to act with urgency, he said.
Except for Julius Mkhwanazi, who has already testified extensively, the commission stressed that these remain prima facie allegations and not findings of guilt.
The commission has heard how Senona, head of the Hawks in KwaZulu-Natal, had a close personal relationship with alleged organised crime figure Vusimuzi “Cat” Matlala.
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The commission heard evidence that Senona allegedly shared confidential police affidavits and attachments with Matlala, a private citizen facing serious criminal allegations.
Commissioners expressed concern that this conduct breached security clearance obligations and possibly data protection laws.
Shibiri, the national head of SAPS Organised Crime, was implicated in allegations of interference in murder investigations, improper relationships with suspects and the receipt of money in exchange for information.
Witnesses testified that Shibiri allegedly attempted to influence investigators in the Armand Swart murder case and leaked confidential bail information.
Evidence before the commission also described a financial relationship with Matlala, including an alleged cash gift following Shibiri’s promotion.
Nkhwashu, Acting Sedibeng District Commissioner, faces allegations of interference in the Swart murder investigation, including attempts to influence bail outcomes and access sensitive dockets. The commission also heard evidence of an alleged after-hours prison visit to Matlala, conducted without authorisation.
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Matjeng, a senior official in the SAPS finance division, was linked to alleged irregular payments connected to the since cancelled R360-million health services tender awarded to Medicare24, one of Matlala’s companies.
Evidence placed before the commission suggested that funds linked to the tender were routed through third parties and that Matjeng may have facilitated payments and provided internal finance information.
Nkosi, based in the office of the Deputy National Commissioner for Crime Detection, was identified as an alleged intermediary in kickback and information-leak networks.
Witnesses alleged that Nkosi acted as a courier for bribe payments and warned suspects of impending police raids. The commission heard that CCTV footage placed Nkosi at the residence of an alleged crime figure using a state vehicle.
At municipal level, suspended EMPD deputy chief Julius Mkhwanazi is the only implicated official whose response has already been fully ventilated at the commission.
The commission heard evidence of fraud, abuse of authority and corruption, including the signing of unlawful agreements with companies linked to Matlala, the fraudulent registration of private vehicles as municipal assets fitted with blue lights, and the operation of rogue policing units involving civilians.
The commission heard how Mashazi failed in oversight and possible dereliction of duty. She allegedly did not act decisively on IPID findings against Julius Mkhwanazi and relied on flawed legal advice to clear him, despite serious allegations.
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Other EMPD officials referred include Aiden McKenzie, Bafana Twala and Kershia Leigh Stols, all of whom were implicated in evidence of kidnapping, extortion, abuse of police powers and falsification of records.
The commission heard that these officers operated within a unit described as functioning outside lawful policing norms, with limited accountability.
Within the EMM administration, fleet manager Chris Steyn was linked to the alleged fraudulent registration of private luxury vehicles as municipal assets; HR head Linda Gxasheka was accused of failing to ensure proper disciplinary processes; and legal head Advocate Kemi Behari was criticised for legal opinions that allegedly shielded implicated officials rather than enabling accountability.
Alleged informant Etienne van der Walt allegedly facilitated unlawful EMPD operations.
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