President Cyril Ramaphosa has outlined the scope of a judicial commission of inquiry that will focus on investigating “allegations relating to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates.”
The commission will be chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga.
The President made the announcement during an address to the nation on Sunday evening.
The establishment of the commission is related to serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.
“Among the allegations that the commission may investigate are the facilitation of organised crime; suppression or manipulation of investigations; inducement into criminal actions by law enforcement leadership; 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,” President Ramaphosa said.
Furthermore, the commission will also investigate if any National Executive members “responsible for the criminal justice system, were complicit, aided and abetted, or participated in the acts mentioned above”.
President Ramaphosa has placed Minister of Police, Senzo Mchunu, on leave of absence and appointed Professor Firoz Cachalia as interim Minister of Police for the duration of the investigation.
Professor Cachalia is expected to assume his new role on 1 August.
“The commission will be asked to report on the effectiveness or failure of oversight mechanisms, and the adequacy of current legislation, policies and institutional arrangements in preventing such infiltration. It will make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform.
The commission will submit interim reports after three and six months.
“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.
“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 be sent to the Speaker of the National Assembly and the Chief Justice,” he said.
Email
Facebook
Twitter
WhatsApp