Outgoing Constitutional Court Acting Deputy Chief Justice Mbuyiseni Madlanga has cautioned that while the allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi have stirred national concern, the commission of inquiry will not immediately hear evidence.
Madlanga will be chairing the commission into the criminal justice system, which is set to begin in August.
“The fact that Lieutenant General Mkhwanazi made the allegations does not make us ready to start hearing evidence immediately.
“There must, as I said, first be consultations and assessment of the information that we gather, and again, as I said, follow-up,” said Madlanga.
He said the consultation process is scheduled and will give an idea of the ground to cover, considering that the allegations were broad.
Sense of urgency noted
He said high public expectations around the inquiry were recognised and emphasised that the commission shares that sense of urgency.
However, he insisted that thorough preparation must come first to ensure the process is fair, credible, and effective.
The Madlanga commission was established to probe alleged infiltration of law enforcement and intelligence institutions by criminal syndicates. This was brought up in allegations by Mkhwanazi on July 6.
He said the inquiry will examine the South African Police Service (SAPS), Gauteng metro police departments, the National Prosecuting Authority (NPA), the State Security Agency (SSA), the Judiciary, Correctional Services, and any related executive officials.
“These entities and persons are to be investigated in relation to infiltration of law enforcement, intelligence, and associated institutions within the criminal justice system by criminal syndicates.
“We also want to highlight the fact that by the end of the first three-month period we want to be in a position to submit an interim report, which, if the evidence has shown as much, we make recommendations regarding concrete action that needs to be taken,” said Madlanga.
Madlanga highlighted the challenge the commission faces from a Constitutional Court case that seeks to interdict the work of the commission. He said they will abide by any decision made by the court.
Members of public must come forward with evidence
He also encouraged the public to come forward with relevant information and confirmed that the hearings will be open to the public and livestreamed. Rules governing the commission’s procedures will be published in due course.
While Madlanga said they are committed to working within the set timeline, he left the door open for an extension if necessary.
“Consultations and investigations are likely to yield more than what was referred to in the allegations of the 6th of July.
“So, the timelines do appear to be quite tight, but whether or not we will be able to finalise our work within that period, standing here, all I will say is that we will do our work in the terms of reference in mind,” said Madlanga.
