By Johnathan Paoli
In a dramatic late-night address from the Union Buildings on Sunday, President Cyril Ramaphosa announced the establishment of a judicial commission of inquiry into explosive allegations of criminal syndicates infiltrating South Africa’s law enforcement, intelligence and criminal justice institutions.
This comes in response to serious claims made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi during a media briefing earlier this month.
Mkhwanazi alleged that a sophisticated syndicate had infiltrated law enforcement and intelligence structures in South Africa. He also claimed that Police Minister Senzo Mchunu, who has now been placed on a leave of absence, interfered with sensitive police investigations and colluded with businesspeople, including a murder accused, to disband the Political Killings Task Team based in KwaZulu-Natal.
Mkhwanazi also said that a police investigation by the task team in Gauteng unmasked a syndicate controlled by a drug cartel, which involved politicians, law enforcement officials from the SA Police Service, metro police and correctional services, prosecutors and the judiciary, as well as businesspeople.
“These allegations, if proven true, threaten to undermine public confidence in our institutions and their ability to combat crime and corruption,” Ramaphosa said.
“They raise serious concerns around the rule of law and national security.”
In response, the president has appointed Acting Deputy Chief Justice Mbuyiseli Madlanga to chair the commission. He will be supported by Advocate Sesi Baloyi SC and Advocate Sandile Khumalo SC.
The commission’s mandate includes probing the alleged facilitation of organised crime, suppression or manipulation of investigations, inducement of criminal behaviour by senior law enforcement officials, and intimidation or removal of whistleblowers and honest officials.
It will also examine whether any senior officials or Cabinet members aided, abetted, or benefited from such syndicates.
The focus will fall on key institutions including the SAPS, the National Prosecuting Authority, the State Security Agency, the judiciary and magistracy, and the metropolitan police departments of Johannesburg, Ekurhuleni and Tshwane.
“The commission will also assess whether internal oversight mechanisms, policies and legislation are adequate to prevent this kind of infiltration,” Ramaphosa added.
“It will be empowered to recommend criminal prosecutions, disciplinary actions and reforms.”
Ramaphosa said the commission would deliver interim reports after three and six months, with a final report submitted to the Speaker of the National Assembly and the Chief Justice.
Prof. Firoz Cachalia — a constitutional law expert and current chairperson of the National Anti-Corruption Advisory Council — will be appointed as acting Minister of Police in terms of Section 91(3)(c) of the Constitution.
Cachalia is set to retire from his academic post at Wits University at the end of July. In the meantime, Ramaphosa will appoint an acting minster from the Cabinet.
“This commission is being established against the backdrop of significant gains made in the fight against organised crime,” Ramaphosa noted, citing progress by the SAPS, the Special Investigating Unit and the Asset Forfeiture Unit.
“We must maintain this momentum and protect the integrity of those fighting on the frontlines,” he said.
He called on all members of law enforcement and security services to uphold the rule of law and urged citizens to support the inquiry by providing any relevant information.
“In establishing this Commission of Inquiry, we are affirming our commitment to the rule of law, to transparency and accountability, and to building a South Africa in which all people are safe and secure,” Ramaphosa concluded.
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