The uMkhonto weSizwe Party (MK Party) is demanding that the Madlanga Commission of Inquiry be suspended until after the hearing of the party’s Pretoria High Court challenge brought by its leader, Jacob Zuma, on Thursday.
The court is still to hear arguments of legality, establishment, and composition of the commission on Wednesday, a day before the proceedings begin.
Nhlamulo Ndhlela, the MK Party spokesperson, said the retired Justice Mbuyiseli Madlanga should push back the date pending the outcome of the court.
“This is not only the rational course of action; it is the only responsible course of action if respect for the rule of law and the separation of powers is to be preserved,” said Ndhela.
He argued that this move was calculated to also pre-empt and frustrate the court.
Conflict of interest
The spin doctor also emphasised that the commission is a “pointless duplication” of the parliamentary ad hoc committee, which also seeks to investigate the allegations made by KZN commissioner Lt-Gen Nhlanhla Mkhwanazi on July 6.
He believes that running two similar investigations might cause further confusion and produce contradictory findings.
“We reiterate that it is patently unlawful and irrational for [President Cyril] Ramaphosa to appoint a sitting judge to head a commission tasked with investigating allegations that directly implicate members of the judiciary in corruption, gangsterism, and criminal syndicates.
“This egregious conflict of interest ensures that the commission can never command legitimacy, independence, or public confidence. Its findings are pre-tainted and will amount to nothing more than an expensive political smokescreen,” said Ndhlela.
Ndhlela also criticised the appointment of Firoz Cachalia as acting minister of police, calling it unconstitutional.
Waste of taxpayers’ money
He said sidelining Minister of Police Senzo Mchunu under the guise of “leave of absence” was also unlawful, highlighting that these matters would also face court scrutiny on September 18 and 19.
He claimed that Ramaphosa also ignored recommendations of the Zondo commission while rewarding implicated individuals with ministerial and deputy ministerial positions.
“The premature commencement of the commission is therefore nothing but a premature waste of taxpayers’ money.
“This blatant disregard demonstrated that any recommendations of the Madlanga commission, which are themselves non-binding, will inevitably be ignored.
“What South Africans are left with is nothing more than a costly political theatre designed to shield Ramaphosa and his faction from accountability,” he added.
