President Cyril Ramaphosa has outlined the scope of a judicial commission of inquiry that will focus on investigating “allegations relating to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates”.

The commission will be chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga.

The President made the announcement during an address to the nation on Sunday evening.

The establishment of the commission is related to serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.

“Among the allegations that the commission may investigate are the facilitation of organised crime; suppression or manipulation of investigations; inducement into criminal actions by law enforcement leadership; commission of any other criminal offences and intimidation, victimisation or targeted removal of whistleblowers or officials resisting criminal influence.

“The commission will investigate the role of current or former senior officials in certain institutions who may have aided or abetted the alleged criminal activity; failed to act on credible intelligence or internal warnings; or benefited financially or politically from a syndicate's operations.

“These institutions are the South African Police Service, National Prosecuting Authority, State Security Agency, the Judiciary and Magistracy, and the metropolitan police departments of Johannesburg, Ekurhuleni and Tshwane,” he said.

Furthermore, the commission will also investigate if any National Executive members “responsible for the criminal justice system, were complicit, aided and abetted, or participated in the acts mentioned above”.

“The commission will be asked to report on the effectiveness or failure of oversight mechanisms, and the adequacy of current legislation, policies and institutional arrangements in preventing such infiltration. It will make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform.

“Once established, the commission shall consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies.

“Where appropriate, the commission must make recommendations on the employment status of such officials, including whether they should be suspended pending the outcome of further investigations,” President Ramaphosa explained.

The commission will submit interim reports after three and six months.

“The commission will have the power to refer matters for immediate criminal investigation and urgent decisions on prosecution, taking into account the nature of the allegations and evidence the commission will uncover.

“It is critical that these matters be attended to with the necessary urgency and thoroughness. 

“The commission is expected to complete its work and submit a final report to the President. The final report of the commission will be sent to the Speaker of the National Assembly and the Chief Justice,” he said.

The President noted that the commission’s establishment comes as the country is making progress in the rebuilding and strengthening of law enforcement agencies and security services.

“In recent years, the South African Police Service, the Special Investigating Unit, the Asset Forfeiture Unit and other bodies have been making important inroads in the fight against organised crime and corruption. It is essential that we maintain this momentum and that we intensify this work.

“We will ensure that the SAPS and other law enforcement agencies continue to function without hindrance as the commission undertakes its work. I call on all members of our law enforcement agencies and security services to remain steadfast in upholding the rule of law and adhering to their code of conduct.

President Ramaphosa emphasised that the establishment of the commission is a testament to “our commitment to the rule of law, transparency and accountability”.

“I call on all South Africans to support the commission in its work and, where appropriate, to provide any information or assistance the commission may require.

“In establishing this commission of inquiry, we are affirming our commitment to the rule of law, transparency and accountability, and to building a South Africa in which all people are safe and secure,” President Cyril Ramaphosa said. –