Lieutenant General Nhlanhla Mkhwanazi. (SAPS/X)
On Wednesday, the first day of the Madlanga inquiry, KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi warned of a “risk of total collapse” in the criminal justice system if reforms are not made to address the concerns he raised in July.
President Cyril Ramaphosa set up the inquiry chaired by retired judge Mbuyiseli Madlanga in response to allegations by Mkhwanazi that implicated now-suspended Police Minister Senzo Mchunu in the infiltration of the system by criminal syndicates.
Mkhwanazi said he had made his allegations in a media briefing on 6 July “because I wanted to inform the public about the level of challenges … in relation to the work we do as a police, which involve criminality and political interference … which will also include corruption within the value chain of the justice system, which we are part of as law enforcement”.
He said his public briefing in July was not a personal initiative, but rather the result of “collective and collaborative efforts” by various units in the South African Police Service (SAPS).
“It is therefore a reflection of the common concerns that we share as colleagues in different ranks within the service, which made our common desire for these problems to be resolved in order to enable these members of the service to be able to serve with honour and dignity,” he said.
Asked by evidence leader Mahlape Sello about the risk to the system, Mkhwanazi said: “It has been my aim that I want to demonstrate that the criminal justice system has been subject to a continuous threat as well as sabotage, which has been with us over an extended period, to a point where we believe it is a real risk of a total collapse. Nothing is done.”
He added that the commission has a vital role to play in preventing that collapse.
Mchunu, who Ramaphosa placed on special leave and appointed Firoz Cachalia as acting police minister, has denied any wrongdoing and dismissed Mkhwanazi’s allegations as “wild”.
Parliament has established an ad hoc committee on the matter, which is also keen to interview Mkhwanazi.
In his July media briefing, Mkwanazi alleged that senior police leadership and politicians had been captured by criminal syndicates. He said the syndicates had infiltrated the criminal justice system to undermine law enforcement and protect politicians. Mkhwanazi said Mchunu had ordered the disbanding of a task team investigating political killings in KwaZulu-Natal because it was closing in on politicians linked to the syndicates.
On Wednesday, Mkhwanazi thanked the media for publicising his concerns, which he said helped prompt the president to establish the commission. He said his testimony would focus on the political killings task team and general corruption in the police service.
Opening the inquiry earlier, Madlanga said it was necessary given the gravity of Mkhwanazi’s allegations.
“If the allegations are proved to be true, that spells doom for South Africa’s criminal justice system. A healthy criminal justice system is key to the rule of law and in turn to a functioning constitutional democracy,” the retired judge said.
He cautioned that malleability, corruption and dysfunction “are a cancer to what a proper criminal justice system should be” and stressed the inquiry’s focus would be on whether the system has been infiltrated by criminal syndicates.
Chief evidence leader, advocate Terry Motau said the inquiry would proceed with impartiality. “The commission does not move from the premise that the allegations by general Mkhwanazi are indeed correct. It also does not move from the premise that they are not.”
He noted that a central question is whether the police minister interfered with sensitive investigations, including the disbanding of the KwaZulu-Natal political killings task team and a housing task team investigation that reportedly uncovered a cartel involving politicians, prosecutors and business people.
“And it should not escape any of us that if those allegations are true, they will erode and damage public trust in these very vital and crucial institutions,” Motau added.
The Madlanga commission has six months to complete its work and deliver findings. An interim report is due within three months.