By Johnathan Paoli
President Cyril Ramaphosa has officially gazetted the establishment of a Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, in response to damning allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi.
The inquiry will be chaired by acting Deputy Chief Justice Mbuyiseli Madlanga, with senior counsel Sesi Baloyi and Sandile Khumalo appointed as commissioners.
“The commission is appointed to investigate and report on the veracity, scope, and extent of the allegations with regard to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates and make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform,” reads the gazette.
The commission marks an intervention by the Presidency to address claims that a sophisticated criminal syndicate has infiltrated South Africa’s law enforcement and intelligence sectors, allegations that have shaken public confidence in the country’s justice system.
In terms of its broad and far-reaching mandate, the commission will probe whether organised criminal networks such as drug cartels have influenced or infiltrated key institutions.
This includes the South African Police Service, including Crime Intelligence and the Political Killings Task Team; metropolitan police departments in Johannesburg, Ekurhuleni and Tshwane; the National Prosecuting Authority; the State Security Agency; the judiciary and magistracy; and the Correctional Services Department.
The inquiry will examine whether these entities were used to protect criminal interests, silence whistle-blowers, suppress investigations, and intimidate or co-opt law enforcement leadership.
The commission is also empowered to assess prima facie evidence against current officials and recommend suspensions where warranted.
Under the Commissions Act of 1947, the panel has full legal authority to subpoena witnesses, access classified documents, conduct search and seizure operations, and hold in-camera hearings to safeguard national security or witness safety.
Beyond criminal networks, the commission will scrutinise political interference, including the conduct of current and former officials who may have enabled, ignored, or benefitted from the alleged syndicate.
It will also assess whether members of the national executive including Cabinet ministers responsible for justice and policing failed in their oversight duties or were themselves compromised.
The commission is expected to deliver an interim report within three months, and a final report in six, though the president may grant extensions.
These reports will be submitted to the president, as well as other national heads including the National Assembly speaker Thoko Didiza to ensure inter-institutional accountability.
While Ramaphosa’s announcement of the commission has been praised in some quarters as a decisive step, it has not quelled political criticism.
The uMkhonto weSizwe Party (MKP) has accused the president of political cowardice for placing Police Minister Senzo Mchunu on special leave instead of dismissing him outright.
Speaking at a press conference in Cape Town on Tuesday, MKP Chief Whip Colleen Makhubele announced that the party had filed a motion of no confidence in Ramaphosa.
She confirmed that court papers had been lodged with the Constitutional Court, challenging both Mchunu’s special leave status and the appointment of Professor Firoz Cachalia as acting police minister.
“The president has again demonstrated that he lacks the courage to take tough decisions. Mchunu should have been fired outright. Instead, we are given a smoke-and-mirrors exercise,” Makhubele said.
She added that MKP was mobilising its supporters at grassroots level and demanding an urgent parliamentary session within two weeks to debate the motion.
The party also took aim at Ramaphosa’s recent dismissal of former higher education minister Nobuhle Nkabane, calling it a politically selective move designed to appease critics of the Government of National Unity.
“Minister Nkabane was a soft target, a sacrificial lamb at the altar of political expediency. All things equal and fair, Mchunu should have been fired in the same breath,” Makhubele said.
The president has yet to respond formally to the MK Party’s legal and parliamentary actions.
The commission of inquiry comes at a time of intense scrutiny of South Africa’s criminal justice institutions, following years of allegations involving political assassinations, state capture, and criminal interference.
The commission will examine legislative gaps and oversight weaknesses, and may recommend sweeping reforms to police vetting, prosecutorial independence, and institutional design.
While the gazetting of the commission is a significant step, political tensions are likely to intensify in the weeks ahead.
As the commission prepares to begin its work, the country’s political future and the integrity of its criminal justice system hang in the balance.
INSIDE POLITICS