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Madlanga fully empowered to clean up SA’s criminal justice system

Acting chief justice gets wide powers to root out syndicate influence in government

Acting chief justice Mbuyiseli Madlanga. Picture: BUSINESS DAY/FREDDY MAVUNDA
Acting chief justice Mbuyiseli Madlanga. Picture: BUSINESS DAY/FREDDY MAVUNDA

President Cyril Ramaphosa has granted acting chief justice Mbuyiseli Madlanga far-reaching authority to root out syndicate influence in the country’s criminal justice system.

His powers include subpoenas, search and seizure operations, and the ability to recommend on-the-spot suspensions or criminal prosecutions.

The establishment of his commission of inquiry marks a big step forward in the anticorruption drive since the state capture commission.

It comes amid growing alarm that extortion rackets have bled into policing, intelligence and prosecutorial bodies, causing disruptions in crucial sectors of the economy such as construction, transport, security, mining, informal businesses and municipalities, as well as in vulnerable communities.

The commission — which will report directly to Ramaphosa, speaker of the National Assembly Thoko Didiza and chief justice Mandisa Maya — will also be able to hold private hearings to protect intelligence sources and whistle-blowers.

It has been given six months to deliver its final report, with an interim report expected within three months of its launch.

This week’s gazette reads: “Once established, the commission shall also consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies and, where appropriate, the commission must make recommendations regarding the employment status of such officials, including whether they should be suspended pending the outcome of further investigations.

“The commission is appointed to investigate and report on the veracity, scope and extent of the allegations with regard to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates, and make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform.”

The commission will begin its work concurrently with the National Assembly’s ad hoc committee, which is also probing claims of political links to criminal networks.

The commission will probe whether police minister Senzo Mchunu unlawfully disbanded the political killings task team, removed more than 100 case dockets and imposed a hiring freeze on SAPS crime intelligence.

It will also investigate whether Mchunu misled parliament about his relationship with Brown Mogotsi — one of the people implicated — and oversaw a potentially irregular R360m contract awarded to Vusimuzi “Cat” Matlala’s company.

The inquiry follows a public announcement by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi, who earlier this month alleged that a highly organised criminal network had compromised law enforcement, intelligence agencies and prosecutorial bodies across the country.

Mkhwanazi implicated Mchunu, who has been placed on special leave, and his alleged associates Mogotsi and Matlala.

Since Mkhwanzi went public, police have delivered a dramatic preview of the commission’s work, according to TimesLIVE.

Murder weapon

Four suspects — including Katiso Molefe — have been arrested for the assassination of a popular club DJ.

Ballistics tests linked the murder weapon, an AK-47, to at least 10 other cases ranging from the killing of engineer Armand Swart to an attempted hit on actress Tebogo Thobejane.

The inquiry echoes the late-2000s Jackie Selebi debacle.

As national police commissioner and later Interpol president, Selebi was convicted of accepting bribes from a drug lord.

His downfall exposed how political patronage in former president Thabo Mbeki’s administration had protected corrupt networks.

maekot@businesslive.co.za

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