Commission to probe alleged 'capture' of SA's police

South African President President Cyril Ramaphosa last night announced that a judicial commission of inquiry will probe the damning allegations made by a  provincial police commissioner against Police Minister Senzo Mchunu and other senior figures. As previously reported in Legalbrief Africa, KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi claimed last week that a high-level criminal syndicate has infiltrated the South African Police Service (SAPS), the Ministry, Parliament, official prison structures, the judiciary and other law-enforcing authorities. Mchunu, who was alleged to be in cahoots with organised crime accused Vusi ‘Cat’ Matlala, last year issued a directive to disband the Political Killings Task Team, allegedly in order to shield politically connected members of a criminal syndicate from prosecution, according to Mkhwanazi. The Cape Times reports that the commission will also investigate the role of current or former senior officials in the police, National Prosecutions Authority (NPA), State Security Agency, the judiciary and magistracy, and the metropolitan police departments of Johannesburg, Ekurhuleni and Tshwane 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.

‘The allegations made … raise serious concerns around the Constitution, the rule of law and national security,’ Ramaphosa said. The Daily Maverick reports that the commission will investigate allegations relating to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates: ‘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 whistle-blowers or officials resisting criminal influence.’ It will look into whether any members of the national executive overseeing the criminal justice system were complicit in criminal activity, as alleged by Mkhwanazi. ‘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,’ said Ramaphosa, adding that it will make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform. DM notes that acting Deputy Chief Justice Mbuyiseli Madlanga will chair the commission, assisted by Advocates Sesi Baloyi SC and Sandile Khumalo SC.

Ahead of the address, Mchunu asked Ramaphosa to grant him special leave. The Sunday Times reports that government insiders indicated that Ramaphosa had received a report from the State Security Agency that warned of possible turmoil should he take any action against Mkhwanazi. ‘If he does that, the country is going to be upside down,’ one source said. ‘The reports he’s getting are that there would be protests that will be countrywide because people are tired of crime.’ Mchunu has remained mum on the allegations, which include an accusation that he and his associate, Brown Mogotsi, have been in a dodgy relationship with a police service provider and murder accused Matlala.

Mchunu promoted his spokesperson Kamogelo Mogotsi to the post from a humble civil service job – apparently in defiance of advice from government HR and legal experts. This is according to well-placed sources in the Department of Public Service & Administration who last week lifted the lid on the ‘special relationship’ between the embattled Minister and Mogotsi. TimesLIVE reports that the issue took centre stage after Mogotsi was linked to controversial businessman and political figure Brown Mogotsi, who is alleged to have leveraged his relationship with Mchunu to interfere in police operations. There have been suggestions that Brown Mogotsi and Kamogelo Mogotsi are related, but Kamogelo has denied this. Mchunu has declined to comment, citing a gag order from Ramaphosa following the allegations against him of allowing outside political interference in the operation of the SAPS. Mchunu said he welcomes and respects Ramaphosa’s decision ‘and pledge my commitment to the process’.

Ramaphosa's decision to place Mchunu on special leave raises serious concerns about the lack of urgency in confronting allegations of widespread criminal infiltration and corruption at the highest levels of SAPS who likened Ramaphosa's delayed action to kicking the can down the road in confronting the deepening crisis within the police and the broader criminal justice system. ‘What the President failed to acknowledge is that South Africans have long warned of the deep rot within SAPS and its impact on safety and security. Government inaction has allowed this decay to worsen, further eroding the integrity of law enforcement leadership and deepening a national security crisis that can no longer be ignored,’ ActionSA MP Dereleen James said. The Cape Times reports that James questioned the logic of yet another commission of inquiry, especially as the R1bn Zondo Commission Report into State Capture gathered dust while those it implicated continued to evade justice. Her remarks were echoed by GOOD secretary-general Brett Herron, who said the appointment of a commission, ‘while well-intentioned, is too slow, too cumbersome, and too costly’. MKP deputy president John Hlophe said Mchunu is a ‘pathological liar’ who has repeatedly misled Parliament and the country. A Weekend Argus report says Hlophe and MKP MP Visvin Reddy launched scathing attacks on Mchunu, accusing him of perjury, defeating the ends of justice and being part of a broader network working to capture state institutions, including the police and the judiciary. According to Hlophe, Mchunu once provided MPs with a fake hotline number and then left Parliament without apologising. He also accused the Minister of lying about DNA evidence in a child abuse case in the Eastern Cape.

In his Q&A feature in the Sunday Times, Chris Barron asked Institute of Security Studies analyst Gareth Newham to address Mkhwanazi’s allegations. ‘I can’t say. What we know from previous allegations of criminal networks working with senior police and politicians is that there’s often a lot more to it than is publicly revealed. Certainly, if Crime Intelligence is involved you’d have to be circumspect about what they claim.’ Newham said he was surprised by the allegations: I’ve worked with and met Mkhwanazi many times over the years and, on the one hand I have great respect for him as a police officer. On the other hand, the Minister has been a breath of fresh air. He’s been driving some of the most positive initiatives to improve policing I’ve seen in a long time.’

Experts say the situation reflects long-standing challenges within the SAPS and the broader justice system. Dr Simon Howell of UCT’s Centre of Criminology said that while such public accusations at the national level are uncommon, ‘within the organisation, there may be lots of people talking about things’. The Sunday Tribune reports that he stressed the importance of thorough inquiry: ‘Credibility depends on who’s making the statement, the reasons, and the evidence they can show. Considering the allegations made, there will need to be some type of inquiry.’ Political analyst Professor Sipho Seepe described the allegations as ‘dire’, warning that they pose a fundamental challenge to the ANC and the entire criminal justice system. He condemned the ANC’s handling of the Phala Phala scandal (involving hundreds of dollars hidden at the President's farm), particularly the classification of the report as top secret by Mchunu, who now faces accusations from Mkhwanazi of interference in policing operations. Legal expert Dr Lennit Max, a former police adviser, warned of serious consequences if Mchunu is found to have misled Parliament or interfered in police matters. ‘The Minister can be reported to Parliament’s Ethics Committee for misleading the House, and a criminal case for perjury may be opened. If convicted, he could face jail, a suspended sentence, or a fine,’ he said.

South Africa's Chief Justice Mandisa Maya wants evidence to back up allegations made by Mkhwanazi that prosecutors and judicial officers were part of a sophisticated criminal syndicate, a BusinessLIVE report says. Mkhwanazi said in March that a total of 121 case dockets under investigation were taken away from the task team directed by Lieutenant-General Shadrack Sibiya, the national Deputy Police Commissioner. Mkhwanazi said the team was dissolved after providing support to the Gauteng Organised Crime Unit, which was investigating high-profile murders and a syndicate controlled by a drug cartel that involved politicians, law enforcement, prosecutors and judicial officers. ‘They (the team) were dismantling a criminal syndicate, and I can confirm that the investigation that these members were involved in in Gauteng has unmasked a syndicate that involves politicians who are currently serving in Parliament, law enforcement officers, the SAPS, metro police and Correctional Services. They include prosecutors in Gauteng (and) the judiciary, and these are controlled by the drug cartel as well as business people in that province of Gauteng,’ he said.

Prior to the commission announcement, Maya called for evidence and reporting of judicial officers linked to the syndicate to face accountability. ‘The judiciary stands firm in its commitment to accountability and the rule of law. If any person, including Lieutenant-General Mkhwanazi, has credible evidence of unlawful or unethical conduct committed by a member of the judiciary, they are urged to report such matters to the legally mandated structures of the state,’ she said. According to BusinessLIVE, She cautioned against unsubstantiated allegations. ‘Unsubstantiated allegations, however, regrettably undermine the administration of justice and weaken public trust in our institutions, which are essential to upholding our constitutional democracy.’