Concern after judge, magistrate implicated at commission

Judges Matter has urged Gauteng Acting Judge President Aubrey Ledwaba and Pretoria Chief Magistrate Vusimuzi Mahlangu to take special leave, after they were both implicated in testimony at the Madlanga Commission of Inquiry. ‘Judges Matter notes with great concern the allegations made against judicial officers by several witnesses at the Madlanga Commission,’ the judicial watchdog said on Friday, according to News24. ‘We urge these witnesses to provide substantiating information so that the commission statements can be dealt with as formal complaints to the Judicial Service Commission and the Magistrates' Commission, respectively. In the meantime, and for the sake of the integrity of the judiciary, we would urge Acting Judge (President) Aubrey Ledwaba and Chief Magistrate Vusi Mahlangu to go on special leave while such complaints are lodged.’ Last week, secret witnesses – identified only as Witness A and Witness B – told the commission that an informer had claimed R2.5m had been set aside to secure murder-accused Katiso Molefe’s release on bail. The witness could not say whether the money was intended for Ledwaba – who presided over Molefe’s successful bail appeal in the Gauteng High Court (Pretoria) – or the prosecutor. However, he laid into Ledwaba’s decision to grant Molefe R100 000 bail, just an hour after hearing the appeal. Mahlangu, meanwhile, has been criticised for the order he handed down when granting graft-accused Crime Intelligence boss Lieutenant-General Dumsiani Khumalo and others bail, in which he ruled that they could not enter any CI offices in the country pending the finalisation of the matter. No evidence has yet been presented to substantiate these claims.

As reported in Legalbrief Africa, the Office of the Chief Justice said Ledwaba ‘strenuously denies receiving any money to grant Mr Molefe bail’. The report made clear that Chief Justice Mandisa Maya had discussed the possibility of taking special leave with Ledwaba but that he had opted against this and that he was ‘seeking legal advice and expressed a wish to be afforded an opportunity to give his side of the story’ at the commission. In the News24 report, Judges Matter stressed that ‘at this stage, neither the JSC nor the Magistrates Commission can deal with the allegations made until formal misconduct complaints under oath are filed’. ‘The statements to the Madlanga Commission do not yet meet the threshold to trigger the investigatory processes of both commissions unless they are substantiated,’ the organisation said.

Meanwhile, South Africa's top police officers and suspended Police Minister Senzo Mchunu were again linked to the criminal underworld on Friday when the Madlanga Commission was told of claims made by tenderpreneur Vusimusi ‘Cat’ Matlalawhen police questioned him about the kidnapping of businessman Jerry Boshoga, notes Legalbrief Africa. Matlala not only said Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya had helped him to secure a R1.2bn police tender, but also claimed he gave ‘money packages’ to Sibiya after receiving tender payments. This startling allegation came from Witness C, a Political Killings Task Team (PKTT) member, who testified on Friday before Parliament's ad hoc committee about how Matlala boasted of his close connections with multiple high-ranking police officers. Matlala also allegedly claimed to be in ‘constant communication’ with now-suspended Mchunu during a recorded interview with police about Boshoga’s kidnapping on 6 December 2024, reports News24. Witness C stated that Matlala told the police he would be meeting with Mchunu later that night, which he claimed had been arranged by an unknown third party, who investigators later confirmed was North West businessman and information peddler Brown Mogotsi. While Matlala’s WhatsApp interactions with Mogotsi revealed that the businessman repeatedly promised to arrange meetings with Mchunu and claimed to be securing money from Matlala for the Minister’s political ambitions, there was no recorded direct contact between Matlala and Mchunu on Matlala’s phone. The communication between Matlala and Mogotsi revealed that the tenderpreneur became increasingly suspicious of Mogotsi’s claims, particularly after Mchunu ordered an investigation into his company’s R360m police health services tender following a 20 December News24 exposé on that deal.

Witness C said police descended on Matlala’s mansion on 6 December 2024 in the belief that he was holding Boshoga captive. Boshoga was kidnapped nearly a year ago, following a business meeting in Centurion. His kidnappers initially demanded R60m for his release, but later reduced that amount to R10m. It is not known whether Boshoga is still alive. News24 reports that according to Witness C, Matlala unabashedly admitted that he and Boshoga, whom he described as a ‘friend’, had been involved in criminal activities. Matlala claimed he had ‘close connections’ to Sibiya, Organised Crime head Richard Shibiri and Crime Intelligence boss Feroz Khan. Witness C stated that he provided his personal cellphone numbers for each of them. Sibiya told the committee earlier that he met with Matlala once, while he was Acting National Police Commissioner. At the time, he said, Matlala sought the meeting because he wanted to complain about how his ability to deliver on his company’s health services tender was being frustrated. Sibiya denied having a corrupt relationship with Matlala.

Witness C, however, told MPs a different story. He claimed Matlala told him and other officers that Sibiya and KZN Hawks head Major-General Lesetja Senona (whom he also said he was related to) ‘had assisted him in securing a SAPS tender’ for R1.2bn for three years. Witness C stated that Matlala did not explain how Sibiya and Senona assisted him in obtaining the police tender, notes News24. He added that Matlala told them that, after the police paid him, he would give money to Sibiya. Matlala said Khan would ‘regularly’ use his Menlyn Main penthouse but told police he did not know why. Matlala told them he had been tipped off about the police coming to his home on 6 December, Witness C said, and showed them his call record with a Sergeant FE Nkosi, who worked in Sibiya’s office at detective services. He also showed officers a screenshot of Absa bank account details for Nkosi, who he claimed was the connection between him and Sibiya. ‘In most cases, he would give Sergeant Nkosi money transfers for his personal use and for the general, he would summon Sergeant Nkosi to come and collect the packages for General Sibiya. These were "money packages",’ Witness C told the commission.