Mkhwanazi to be consulted first by Madlanga inquiry
The judicial commission of inquiry into alleged infiltration and corruption within South Africa’s criminal justice system has officially begun its work.
The inquiry was established by President Cyril Ramaphosa following damning allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, who claims high-ranking officials and politicians interfered in police operations to protect criminal syndicates.
Briefing the media in Sandton on Monday afternoon, commission chair Justice Mbuyiseli Madlanga confirmed that Mkhwanazi will be the first person consulted by the commission.
"Let me be open with the South African public and say that the imminent consultation I referred to will be with Lieutenant-General Mkhwanazi,” Madlanga said.
Madlanga emphasised that while Mkhwanazi is the first to be consulted, it’s too early to say whether he will also be the first formal witness.
"Yes, because the terms of reference specifically mention Lieutenant-General Mkhwanazi, people may assume he must be the first witness. Indications are that he may well be.
"But we cannot tie ourselves to a definitive position that says, yes, he is going to be the first witness. That will depend on what the consultation and subsequent investigations yield.”
The commission is expected to begin its work in August, with an initial six-month timeline to complete its investigation.
"Just looking at the allegations made on the 6th of July, they seem to cover quite a wide spectrum. Consultations and investigations are likely to reveal much more than what was initially outlined,” Madlanga said.
"Whether or not we’ll be able to finalise our work within that period, all I can say is we will carry out our work guided by the terms of reference. If we don’t finish in time, the terms themselves make provision for us to apply for an extension.” he said.
Madlanga also addressed the public's expectations about the possibility of arrests.
'If I were able to say yes with certainty, then there might not have been a need for an inquiry at all. So I don’t believe I can give a categorical answer in that regard.”
Scope of the Inquiry
The commission will investigate the infiltration of law enforcement and intelligence agencies by criminal syndicates, including:
The facilitation of organised crime, suppression or manipulation of investigations, inducement of senior law enforcement officials into criminal acts, intimidation or removal of whistleblowers and honest officials and financial or political gains by senior state employees linked to syndicates
It will also look into whether syndicates have unduly influenced or infiltrated institutions such as:
SAPS and the Political Killings Task Team, Crime Intelligence, JMPD, EMPD, and TMPD, the NPA and the State Security Agency, the judiciary, including magistrates and court officials, the Department of Correctional Services, as well as any other entity within the criminal justice system
The inquiry will be chaired by Madlanga, with Advocates Sesi Baloyi SC and Sandile Khumalo SC appointed as additional commissioners.
The supporting team includes:
Commission Secretary: Dr Nolitha Vukuza
Chief Evidence Leader: Adv Terry Motau SC
Chief Investigator: Dr Peter Goss
Evidence Leaders:
Adv Matthew Chaskalson SC
Adv Mahlape Sello SC
Adv Adila Hassim SC
Adv Lee Segeels-Ncube
Adv Ofentse Motlhasedi
Adv Thabang Pooe
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