President Cyril Ramaphosa has directed law enforcement authorities to promptly address the criminal and disciplinary referrals found in the Madlanga commission’s interim report.
Senior police officers and municipal officials identified on a prima facie basis may face possible suspensions, urgent investigations, and prosecutorial decisions.
In a presidential media statement issued on Thursday, spokesperson Vincent Magwenya said the president had accepted the interim findings and recommendations of the Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga.
“President Ramaphosa has studied the interim report and accepts its recommendations,” Magwenya said.
He added that the president “welcomes the referrals by the commission of matters for immediate criminal investigation and urgent decisions on prosecution, as well as recommendations on the employment status and recommended suspension of individuals”.
According to the statement, the interim report triggers immediate consequences for a list of South African Police Service (SAPS) officers and current and former officials in the City of Ekurhuleni and its metro police department, where the commission says there is prima facie evidence of wrongdoing.
Magwenya stressed that the commission acted within its mandate to push matters forward without waiting for its final report.
Quoting the commission’s terms of reference, he said Clause 7 empowers it to consider “prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies” and to make recommendations on their employment status, “including whether they should be suspended pending the outcome of further investigations”.
SAPS officials listed for referrals
He said the interim report also invokes Clause 10.4, which gives the commission the power to make “referrals for immediate criminal investigation and urgent decisions on prosecution, taking into account the nature of the allegations and evidence the commission will uncover”.
In addition, Clause 12 allows the commission to refer matters for “prosecution, further investigation, or the convening of a separate inquiry” to the appropriate law enforcement agency, government department, or regulator.
The Presidency statement lists five SAPS officials for referrals based on prima facie findings:
* Major-General Lesetja Senona;
* Major-General Richard Shibiri;
* Brigadier Mbangwa Nkhwashu;
* Brigadier Rachel Matjeng; and
* Sergeant Fannie Nkosi.
It also names current and former Ekurhuleni metropolitan municipality and Ekurhuleni Metro Police Department (EMPD) officials, including:
- Suspended EMPD chief of police commissioner Julius Mkhwanazi;
- EMPD officers Bafana Twala, Aiden McKenzie, and Kershia Leigh Stols;
- Former city manager Dr Imogen Mashazi;
- Fleet manager/proxy Chris Steyn;
- Head of human resources Linda Gxasheka;
- Head of legal Adv. Kemi Behari; and
- Etienne van der Walt.
Magwenya said the referrals concern “allegations of criminality, corruption, fraud, murder, perjury and other unlawful actions by officials and officers” in SAPS, the City of Ekurhuleni, and the metro police department.
Dedicated investigations unit
The president has directed Acting Police Minister Professor Firoz Cachalia and national police commissioner General Fannie Masemola to set up a dedicated investigations unit to fast-track the cases.
Magwenya said Ramaphosa “has directed the minister of police … and General Fannie Masemola … to constitute a special investigations task team, with a leader who will report directly to general Masemola”.
He added: “The task team will institute investigations against people identified by the Commission for investigation. Establishing a special unit is critical to ensure that these investigations take place as a matter of urgency.”
The Presidency said existing investigations by the Independent Police Investigative Directorate (IPID) will also be reviewed where applicable.
“Where IPID is already seized with certain matters, the commission will make a referral to IPID on the status of their investigations and seek explanations for any delays,” Magwenya said.
The Presidency said that the interim report’s references to wrongdoing are preliminary, and several implicated individuals have not yet testified before the commission.
Magwenya cautioned that, aside from Mkhwanazi, “it has not yet heard the response of some of the relevant persons listed above”.
He stressed: “The allegations against them remain prima facie allegations only and are not findings of the commission.”
However, he asserted that there was still a need for immediate action.
“The nature of these allegations, however, warrants referrals for further investigation and potentially disciplinary, prosecutorial, or regulatory action right away,” the statement said.
Sophisticated criminal syndicate
The Presidency linked the urgency of the referrals to broader institutional credibility concerns within the criminal justice system.
Magwenya said Ramaphosa “expects all law enforcement agencies and other relevant criminal justice institutions to act with speed in implementing the recommendations of the Commission’s interim report”.
He added: “Such immediate action will help to restore public trust and strengthen operational capacity in the affected state entities tasked with fighting crime and corruption.”
The commission was established after allegations by Lt-Gen Nhlanhla Mkhwanazi of a “sophisticated criminal syndicate” infiltrating parts of the criminal justice system.
Magwenya said the president had expressed “deepest appreciation” to Madlanga and fellow commissioners Adv. Sesi Baloyi SC and Adv. Sandile Khumalo SC, as well as commission staff, for delivering the interim report on schedule.
“The president looks forward to the finalisation of the commission’s work and its contribution to the effective functioning of law enforcement agencies and the criminal justice system,” Magwenya said.
The commission expects further hearings and responses from implicated individuals before submitting its final report.
