Advocate Terry Motau, SC, the chief evidence leader of the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, says the commission will conduct its inquiry in three phases.
The purpose of the phased approach is to ensure an orderly and fair process, according to Motau.
He said phase one of the commission will hear testimony from KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi as the “originator of the allegations”.
Motau was speaking on Wednesday during the official start of the commission of inquiry at the Bridgette Mabandla Justice College in Pretoria.
The commission of inquiry is chaired by retired Constitutional Court Justice Mbuyiseli Madlanga.
Phases of the inquiry
During phase one of the inquiry, Mkhwanazi will be asked to detail his allegations in full, present any evidence — including documents, communications, and reports — and name the individuals and institutions involved.
According to Motau, this phase is placing Mkhwanazi’s “untested allegations” before the commission of inquiry.
Phase one will also hear more testimonies from witnesses who will corroborate Mkhwanazi’s allegations.
“These witnesses include, but are not limited to, national commissioner of police General Fannie Masemola, members of the South African Police Service’s political killings task team, detectives involved in the investigations, prosecutors, and various experts,” said Motau.
Motau said phase two will hear testimony from individuals and institutional representatives implicated by Mkhwanazi’s statements and evidence.
During this phase Police Minister Senzo Mchunu, who is on special leave, will be invited or, if necessary, compelled to appear before the commission of inquiry and provide testimony.
Motau added that in the third and final phase of the hearings, the commission will hear from Mkhwanazi again, along with other important witnesses, to discuss the views and counterclaims made by those mentioned in the earlier phase.
Advocate Mahlape Sello SC leads Mkhwanazi’s evidence, and he is currently testifying.
Explosive media briefing
During a media briefing on July 6, Mkhwanazi said he is in possession of WhatsApp communication between controversial Gauteng tenderpreneur Vusimuzi “Cat” Matlala and a Brown Mogotsi, a comrade of Mchunu, allegedly discussing how Mogotsi is working to get Mchunu and deputy national police commissioner for crime detection Lieutenant-General Shadrack Sibiya to interfere and suppress the police investigations into Matlala.
Mkhwanazi said he has proofs of payment showing that Matlala funded the ANC political activities and events of Mchunu and Mogotsi.
He said he believes that Mchunu and Sibiya decided to disband the political killings task team in KwaZulu-Natal because it raided Matlala’s home in December 2024 and because it was making inroads in certain Gauteng cases.
He added that Mchunu and Sibiya decided to disband the task team because it unmasked a criminal syndicate operating in Gauteng.
Following Mkhwanazi’s explosive media briefing, President Cyril Ramaphosa established a judicial commission of inquiry to investigate the allegations.
Mchunu and Sibiya were placed on special leave by Ramaphosa and Masemola, respectively.
