Ramaphosa establishes commission of inquiry to investigate serious claims by top cop Lt-Gen Mkhwanazi

President Cyril Ramaphosa on Sunday announced the establishment of a judicial commission of inquiry to investigate serious corruption allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi.

“These allegations, if proven true, threaten to undermine public confidence in the ability of the South African Police Service to protect citizens and combat crime and corruption,” Ramaphosa said.

Ramaphosa’s address, delayed by 30 minutes, came a week after Mkhwanazi publicly accused Police Minister Senzo Mchunu of interfering in criminal investigations and protecting corrupt networks within law enforcement.

Ramaphosa emphasised the need to safeguard the integrity of law enforcement as South Africans grapple with rising crime, including kidnappings, gender-based violence, and gang activity.

Ramaphosa appointed Acting Deputy Chief Justice Mbuyiseli Madlanga to lead the inquiry, assisted by senior counsels Sesi Baloyi and Sandile Khumalo.

He said the commission will investigate claims that criminal networks have infiltrated law enforcement, intelligence agencies, and other elements of the justice system. 

Areas of focus include the facilitation of organised crime, manipulation of investigations, and targeting of whistleblowers and officials.

Ramaphosa said the commission will also investigate the possible involvement of current or former senior officials across SA Police Service (SAPS), the National Prosecuting Authority, the State Security Agency, the judiciary, and metro police departments in Johannesburg, Ekurhuleni and Tshwane.

Mkhwanazi's allegations

Mkhwanazi alleged that Mchunu disbanded the Political Killings Task Team in KwaZulu-Natal in March, effectively shutting down 121 active dockets, many linked to politically motivated murders.

He also claimed that investigations had exposed links between criminal syndicates and politicians, law enforcement officials, prosecutors, members of the judiciary, and businesspeople.

Mkhwanazi, during his media briefing last week, presented WhatsApp messages, SAPS documents, and cellphone records that he said demonstrated coordinated efforts to dismantle the KZN task team. 

He implicated Mchunu’s “comrade” Brown Mogotsi in communicating with businessman Vusimuzi “Cat” Matlala, who had received a R360 million SAPS contract that has since been canceled.

According to Mkhwanazi, the disbandment was “a calculated move to shield a criminal syndicate embedded in law enforcement and politics.”

The work of the Commission

Ramaphosa said, that once established, the Commission would consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies.

"Where appropriate, the Commission must make recommendations on the employment status of such officials, including whether they should be suspended pending the outcome of further investigations," he said.

"The Commission will have 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," Ramaphosa said.

"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 Ramaphosa, he said, adding that interim reports were expected after three and six months, respectively.

He said the final report of the Commission will be sent to the Speaker of the National Assembly and the Chief Justice.

The commission will assess the effectiveness of oversight mechanisms and recommend criminal prosecutions, disciplinary actions, and institutional reforms. 

Ramaphosa said interim reports will be submitted after three and six months, with a final report due thereafter.

Madlanga, who retires from the Constitutional Court at the end of July, will be able to dedicate his full attention to the inquiry, Ramaphosa said.

In the interim, Ramaphosa placed Mchunu on a leave of absence and appointed Professor Firoz Cachalia as acting Minister of Police. Cachalia, currently a law professor and chair of the National Anti-Corruption Advisory Council, will take up the post officially in August.

An acting minister from within the Cabinet will serve until then.

Ramaphosa said the commission is part of broader efforts to rebuild law enforcement and restore public trust.

simon.majadibodu@iol.co.za

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