The Office of the Chief Justice (OCJ) says it has formally written to KwaZulu-Natal (KZN) police commissioner Lt-Gen Nhlanhla Mkhwanazi, requesting him to furnish evidence to support his statements regarding the judiciary working with drug syndicates in Gauteng.
In a media statement released on Thursday, the OCJ also said if Mkhwanazi has evidence of wrongdoing on the part of any judicial officer, he must report the judicial officer to the Judicial Service Commission (JSC) and/or the Magistrates Commission.
“The judiciary has noted with serious concern the recent remarks made by Lieutenant General Nhlanhla Mkhwanazi of the South African Police Service (SAPS) during his media briefing on Sunday, 06 July 2024, during which he alleged collusion amongst others, the judiciary, and criminals.
Extremely damaging claims
“Such claims, made without substantiation, are extremely damaging. They are damaging to public confidence in the independence and integrity of our courts. And our courts are a fundamental pillar of our constitutional democracy.
“Judicial officers are bound by the judicial oath or solemn affirmation of office. They are bound to uphold and protect the Constitution and the human rights entrenched in it. And to administer justice to all persons alike without fear, favour or prejudice. This in accordance with the Constitution and the law.
“As such, any suggestion of impropriety within the judiciary is treated with the utmost gravity,” said Bongiwe Gambu, media liaison officer in the private office of the chief justice.
“In this regard, the acting secretary-general of the office of the chief justice has formally requested the National Commissioner of the SAPS [Gen Fannie Masemola] and the Provincial Commissioner, Lt-Gen Mkhwanazi, to furnish evidence in support of these allegations and to lodge formal complaints, where warranted, with the Judicial Service Commission (JSC) and/or the Magistrates Commission,” said Gambu.
Constitutional bodies
“These bodies are constitutionally and statutorily mandated to investigate complaints against judicial officers. Both institutions have well-established mechanisms to address allegations of misconduct, ensuring due process and fairness,” said Gambu.
Chief Justice Mandisa Maya said the judiciary stands firm in its commitment to accountability and the rule of law.
“If any person, including Lt Gen 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.
“Unsubstantiated allegations, however, regrettably undermine the administration of justice. They also weaken public trust in our institutions, which are essential to upholding our constitutional democracy,” said Maya.
“The judiciary reaffirms its unwavering dedication to justice, transparency, and the principles enshrined in our Constitution. Should any judicial officer be found to have acted unlawfully or unethically, appropriate action must be taken without any hesitation,” said Gambu.
President to address nation
President Cyril Ramaphosa said he will address the nation on Sunday at 7pm. He promised to “take the nation into his confidence” about the public statements Mkhwanazi made. Statements that details allegations of criminality against senior political leadership and senior SAPS leadership.
The Speaker of Parliament’s National Assembly, Thoko Didiza, has asked the portfolio committees on police, justice and constitutional development and the joint standing committee on intelligence to urgently investigate allegations made by Mkhwanazi and report back to the National Assembly.
During his dramatic media briefing on Sunday, Mkhwanazi claimed interference in high-level investigations.
Mkhwanazi claimed that him dealing with sensitive dockets, many of which implicated politicians, businesspeople, and rogue police officers, led to the disbandment of the political killings task team.
He accused Police Minister Senzo Mchunu of political interference. And he added that Mchunu did this by taking a decision to disband the political killings task team in KZN.
Police minister implicated
Mkhwanazi accused Mchunu and Deputy National Police Commissioner for Crime Detection Lt-Gen Shadrack Sibiya of disbanding the KZN political killings task team after it raided the home of controversial businessman and attempted murder-accused Vusimuzi “Cat” Matlala.
He claimed a person called Brown Mogotsi was involved in communications with Mchunu about disbanding the unit. Mogotsi is a comrade of Mchunu, he added. He also said WhatsApp messages exist between Matlala and Mogotsi allegedly discussing how to protect political interests and target investigators.
Mkhwanazi alleged that Mchunu interfered in police investigations involving Matlala.
He alleged that there is a criminal drug syndicate operating in Gauteng. In it, members of parliament, police officers, metro police officers, correctional service officials, prosecutors, judges, and business people, among others, are working with the drug syndicate.
