Amidst grave allegations of a criminal syndicate corrupting the very heart of South Africa’s justice system and law enforcement, the Madlanga Commission will hold its first hearing in Tshwane today.
The commission, chaired by Justice Mbuyiseli Madlanga, is tasked with what President Cyril Ramaphosa has called a mission of national urgency: to uncover the truth within allegations of a web of corruption, political interference and intimidation.
Officially known as the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, the commission will hold its hearings in the main auditorium of the Brigitte Mabandla Justice College.
In a statement, commission spokesperson, Jeremy Michaels, said the hearings will start at 10am today and from 9.30am on Thursday onwards.
“People attending will be seated on a first-come, first-served basis. Another reason for early arrival is that strict access control measures will be in place, and no unauthorised entry will be permitted.
“Public access to the venue is via the entrance on Struben Street, between Lillian Ngoyi and Sisulu streets. Members of the public should note that parking at the justice college is very limited. It is therefore advisable to seek alternative parking,” Michaels said.
Search for truth
The establishment of the commission follows serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi about an alleged criminal syndicate that has spread influence into law enforcement, the National Prosecuting Authority (NPA) and intelligence services.
The KZN commissioner also made allegations against the Police Minister Senzo Mchunu – alleging that he colluded with criminal elements to disband the Political Killings Task Team based in that province.
“[Since establishment], the commission’s evidence leaders and investigators have been in consultation with witnesses and following up on information within the commission’s terms of reference.
“We can confirm that the consultation [with the first witness]… was with Lieutenant General Mkhwanazi, whom the commission intends to call as its first witness,” Michaels told a media briefing last week.
The commission’s evidence leader, Advocate Matthew Chaskalson SC, told the same media briefing that some witnesses may not give evidence in public for their own safety.
“While we are committed to transparency, we have to prioritise the protection of human life at all costs. Unless we can make evidence available in a form that’s not going to put human life at risk, we can’t do that.
“So, this is not [to] analogise [the] situation faced by the Zondo Commission. We sit in a much more extreme situation, and our first commitment must always be to the protection of human life,” Chaskalson said.
Safeguarding the nation
President Cyril Ramaphosa announced the commission during a Sunday evening national address in July after Mkhwanazi’s own media briefing detailing his allegations.
At the time, the President noted that the provincial commissioner’s allegations “raise serious concerns around the Constitution, the rule of law and national security”.
“These allegations, if proven true, threaten to undermine the confidence of South Africans in the ability of the South African Police Service to protect them and to effectively fight crime and corruption.
“As we intensify the fight against crime, it is vital that we safeguard the integrity and credibility of the police and other law enforcement agencies.
“These allegations therefore call for an urgent and comprehensive investigation,” the President said.
He set out the parameters of the commission’s work which includes investigating:
- The facilitation of organised crime
- Suppression or manipulation of investigations
- Inducement into criminal actions by law enforcement leadership
- The commission of any other criminal offences and intimidation, victimisation or targeted removal of whistleblowers or officials resisting criminal influence
“The commission will investigate the role of current or former senior officials in certain institutions who may have aided or abetted the alleged criminal activity; failed to act on credible intelligence or internal warnings; or benefited financially or politically from a syndicate's operations.
“These institutions are the South African Police Service, National Prosecuting Authority, State Security Agency, the Judiciary and Magistracy, and the metropolitan police departments of Johannesburg, Ekurhuleni and Tshwane,” he said.
The commission will also probe whether any “members of the National Executive responsible for the criminal justice system, were complicit, aided and abetted, or participated in the acts mentioned above”.
Swift action
President Ramaphosa explained that the Madlanga Commission has the power to “refer matters for immediate criminal investigation and urgent decisions on prosecution” with interim reports expected after three and six months.
“It is critical that these matters be attended to with the necessary urgency and thoroughness.
“The commission is expected to complete its work and submit a final report to the President. The final report of the commission will [also] be sent to the Speaker of the National Assembly and the Chief Justice,” he said.
The President assured that the work of law enforcement agencies will continue unabated as the commission “undertakes its work”.
“I call on all members of our law enforcement agencies and security services to remain steadfast in upholding the rule of law and adhering to their code of conduct.
“I call on all South Africans to support the commission in its work and, where appropriate, to provide any information or assistance the commission may require.
“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,” President Ramaphosa concluded. – SAnews.gov.za
