MK Party calls for postponement of Madlanga Commission proceedings

The uMkhonto weSizwe Party (MKP) has called for Judge Mbuyiseli Madlanga to postpone the proceedings set to begin on Wednesday at Bridgette Mabandla Justice College in Pretoria, citing the party’s court application contesting the Commission's legality.

MKP national spokesperson Nhlamulo Ndhlela said the party, along with former President Jacob Zuma in his personal capacity, has filed a court application with the Gauteng High Court, Pretoria, challenging the Commission's composition, with the hearing scheduled for Thursday.

The commission is set to investigate alleged corruption within South Africa's criminal justice system following explosive allegations made by KwaZulu-Natal SAPS Commissioner Lieutenant General Nhlanhla Mkhwanazi on July 6. 

He claimed there was political interference in the system, accusing Police Minister Senzo Mchunu and Deputy SAPS Commissioner Shadrack Sibiya of conspiring to disband the political killings task team. 

Both Mchunu and Sibiya have denied the allegations.

Mkhwanazi is expected to be the commission's first witness, testifying for three to four days.

Ndhlela claimed that the hasty mid-week commencement is a deliberate tactic aimed at prejudicing the MK Party and Zuma's court challenge, undermining its impact, and potentially frustrating the legal process.

“Such contemptuous conduct towards the courts further illustrates the desperation of Cyril Ramaphosa and his compromised administration to sanitise illegality through speed and subterfuge. We reiterate that it is patently unlawful and irrational for Ramaphosa to appoint a sitting judge to head a Commission tasked with investigating allegations that directly implicate members of the judiciary in corruption, gangsterism and criminal syndicates,” he said.

Ndhlela claimed that the blatant conflict of interest undermines the Commission's legitimacy, independence and public trust. 

He argued that the Commission's findings will be compromised from the start, rendering them a costly political facade.

He further argued that the purported appointment of acting Minister of Police Firoz Cachalia  is equally unlawful.

This, he claimed, is exacerbated by Ramaphosa's arbitrary removal of Minister Senzo Mchunu under the pretext of a "leave of absence." 

The MKP expects these actions to be reviewed by the court on September 18 and 19, and is confident that they will be declared invalid, irrational, and unconstitutional.

“Furthermore, the establishment of this Commission is a pointless duplication of the Parliamentary Ad Hoc Committee’s work. Running two parallel investigations risks producing contradictory findings, sowing confusion amongst the public and further eroding confidence in the already delegitimised GNU regime,” Ndhlela said.

Jeremy Michaels, Commission spokesperson said on Monday that the first public hearing scheduled for September 17 will start at 10am and thereafter, the Commission’s public hearings will commence at 9.30am.

“The seating for members of the public is limited to 300. People attending will be seated on a first come, first served basis. Therefore, members of the public must arrive early if they wish to secure a seat,” he said.

He said an additional reason for early arrival is that strict access control measures will be in place and no unauthorised entry will be permitted.

“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.

rapula.moatshe@inl.co.za