Lt. Gen. Nhlanhla Mkhwanazi before the Madlanga Commission. (Photo: Phill Magakoe / AFP)
Pres. Cyril Ramaphosa extended the Madlanga commission of inquiry’s deadline.
The commission must submit a second interim report by 29 May and its final report by 31 August. The commission initially had to complete its work by March 17.
According to Ramaphosa, the extension was granted at the request of the commission due to the number of persons who have yet to appear before the commission.
Ramaphosa received the commission’s interim report in December. This report has not been made public. Ramaphosa did say that in this report the commission referred a number of cases for immediate criminal investigation and urgent decisions on prosecution, as well as recommendations on the employment status and recommended suspension of individuals.
The commission’s final report will be made public.
The commission was appointed to investigate allegations made by Lt. Gen. Nhlanhla Mkhwanazi, KwaZulu-Natal’s provincial police commissioner, was made to investigate. Mkhwanazi argued that Police Minister Senzo Mchunu interfered with sensitive police investigations and colluded with business people, including a murder accused, to disband the task force that investigated political murders. Mchunu was placed on special leave in July.
The commission is headed by Deputy Chief Justice Mbuyiseli Madlanga. He is assisted by adv. Sesi Baloyi SC and Adv. Sandile Khumalo SC.
The commission was appointed to investigate and report on the credibility and extent of Mkhwanazi’s allegations regarding the infiltration of law enforcement, intelligence and relevant institutions within the criminal justice system by criminal syndicates. The commission must then make findings and recommendations for criminal prosecution, disciplinary action and reform.
Among other things, investigations are being carried out to determine whether organized crime syndicates, including drug syndicates, have infiltrated key institutions, including the South African Police Service (SAPD), the metropolitan police in Johannesburg, Ekurhuleni and Tshwane, the National Prosecuting Authority (NPA), the State Security Agency (SSA), the Department of Correctional Services and the judiciary.
The nature, extent and consequences of such infiltration or influence must also be investigated, including how the infiltration facilitated organized crime, manipulated or suppressed investigations, enabled corruption or illegal activities within law enforcement and resulted in intimidation or removal of witnesses. The commission must further investigate whether officers of the law enforcement agencies benefited financially or politically.
The commission has extensive powers, including the power to subpoena witnesses, search and seizure operations, to meet behind closed doors where necessary to protect the safety of witnesses, as well as the power to refer matters for immediate criminal investigation and urgent prosecution.
The commission’s final report must be handed over to the speaker of the National Assembly and the chief justice.