KwaZulu-Natal provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi is expected to give more detail on the corruption allegations he levelled against his bosses when he takes the stand at the commission of inquiry into criminality, political interference and corruption within SA’s criminal justice system.
The commission — established by President Cyril Ramaphosa after Mkhwanazi’s sensational revelations that senior police officers, police minister Senzo Mchunu, some prosecutors and judges were captured by criminal syndicates — kicks off on Wednesday.
Mkhwanazi’s allegations have thus far seen Mchunu and SAPS deputy national commissioner Shadrack Sibiya suspended, putting the criminal justice cluster in a quandary.
Mkhwanazi accused his bosses of closing down the KwaZulu-Natal political killings task team when it was close to exposing suspects in high-profile murders.
“As the Madlanga commission starts, there will be more pressure on the president to act. If there is evidence against minister Mchunu, even before recommendations, he can fire the minister,” political analyst Dirk Kotze told Business Day.
The National Prosecuting Authority also faces pressure to prosecute after criticism of the low prosecution rate in high-profile cases in the Zondo commission of inquiry into allegations of state capture.
Kotze said the president was likely to decide on Mchunu’s future before the commission concluded.
“Sibiya is now suspended. It is a precursor; it is one step to being fired. I do not think Mchunu has any chance of going back.”
Kotze said Mkhwanazi’s damning allegations have left a stain on Mchunu’s political career in that the highest-ranking ANC officials have kept their distance from him.
Pressure on Ramaphosa to act
Ramaphosa faces mounting pressure to act decisively against members of his executive implicated at the Madlanga commission, he said.
“Mchunu realises he is not part of the inner circle of the ANC any more. People do not want to get close to him any more. I think his time is up. I will not be surprised if he joins MK.”
He said the NPA might do a better job in prosecutions with a new leadership in charge wanting to prove itself. National director of public prosecutions (NDPP) Shamila Batohi’s term ends in January 2026.
Mchunu realises he is not part of the inner circle of the ANC any more. People do not want to get close to him any more. I think his time is up. I will not be surprised if he joins the MK.
— Dirk Kotze, political analyst
Legal analyst Llewelyn Curlewis said the Madlanga commission findings were likely to be challenged.
“Anybody implicated in the report will probably take the decision by the commission on review. I can foresee there will be protracted litigation on whatever recommendations the commission makes,” he said.
The Zondo commission suffered the same fate as ANC bigwigs such as Gwede Mantashe challenged the commission’s findings in court.
Curlewis said while the NPA had been under public scrutiny to prosecute swiftly, the prosecuting authority would need to determine what evidence from the Madlanga commission would be acceptable in court.
“They have a different mandate; the requirement for admissibility of evidence is different. There would be a need to further investigate the allegations, and that might take some time.”
Limits of commissions of inquiry
He said the Madlanga commission was likely have the same outcomes as those of the Zondo commission, a low prosecution rate on high-profile cases.
“It will cost the taxpayer a hell of a lot of money. I am not sure if the commission is the answer to our problems.”
Curlewis said the commission would expose systematic issues in the justice system, but solving the problem would be another issue for the state.
“The recommendations by commissions can persuade but they cannot insist that prosecution must follow. They cannot charge people identified as perpetrators. They can make recommendations, but that is about it; it is not legally binding.”
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