President Cyril Ramaphosa has noted the recommendations and referrals contained in the Second Interim Report of the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, with the latest referrals set to form part of ongoing investigations by a South African Police Service (SAPS) special investigations task team.
The Presidency said the Commission, chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga, submitted its second interim report to the President on 29 May 2026. This followed the submission of the first interim report on 17 December 2025.
The Commission was established to investigate allegations arising from claims made by Lieutenant-General Nhlanhla Mkhwanazi on 6 July 2025.
The final report is expected to be submitted to President Ramaphosa on 16 November 2026.
According to the Presidency, the latest report revisits recommendations and referrals made in the first interim report relating to the South African Police Service (SAPS).
“The report revisits the recommendations and referrals made in the First Interim Report in respect of the SAPS based on prima facie evidence and, with one exception, confirms these recommendations now that the relevant implicated parties have appeared before the Commission to give evidence,” the Presidency said.
The report also contains new recommendations and referrals arising from evidence heard by the Commission since the beginning of 2026.
“The report also sets out new recommendations and referrals made by the Commission on the basis of evidence heard since the start of 2026,” the Presidency said.
Based on the evidence before it, the Commission has recommended disciplinary proceedings and the immediate investigation of alleged criminal conduct against four individuals.
“Flowing from this evidence, the Commission recommends the institution of disciplinary proceedings and the immediate investigation of criminal conduct and, if sufficient evidence be found to exist, the institution of criminal proceedings against the following individuals: Lieutenant General Shadrack Sibiya, Witness G, Sergeant Fannie Nkosi and Brown Mogotsi,” the statement read.
The Commission has further recommended that the Office of the Inspector General for Intelligence, or another appropriately authorised functionary, conduct an immediate investigation into the alleged off-the-books operations of Crime Intelligence involving Mogotsi and Witness G.
“The Commission also recommends that the Office of the Inspector General for Intelligence or another functionary with the necessary authority conduct an immediate investigation into the off-the-books operation of Crime Intelligence in which Mogotsi and Witness G were allegedly involved.”
The Presidency said the recommendations and referrals were made in accordance with the Commission's Terms of Reference.
“These recommendations and referrals are made in line with clause 10.4 of the Commission's Terms of Reference, which provides the Commission with the power to refer matters for immediate criminal investigation and urgent decisions on prosecution, taking into account the nature of the allegations and evidence the Commission will uncover,'' the Presidency said.
The Terms of Reference also empower the Commission to refer matters for prosecution, further investigation or separate inquiries where appropriate.
“Clause 12 further states that 'the Commission shall, where appropriate, refer any matter for prosecution, further investigation or the convening of a separate enquiry to the appropriate law enforcement agency, government department or regulator.”
The Presidency said the latest referrals will be incorporated into the work of the SAPS special investigations task team established after the submission of the Commission's first interim report.
“The most recent referrals from the Commission will form part of the work of the SAPS special investigations task team established following receipt of the first interim report to institute investigations against people identified by the Commission as a matter of urgency,” the Presidency said. – SAnews.gov.za
