The Commission of Inquiry into the allegations against KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi is set to commence in August, as announced by the Inquiries Chairperson, Judge Mbuyiseli Madlanga. During a media briefing on Monday, Judge Madlanga emphasised that the Commission will begin in earnest. He also pointed out that the timelines for the Commission are “tight,” given that the President has instructed the Commission to produce an interim report within three months.
Speaking to VOC News, Jeremy Michaels, spokesperson for the Commission, said that Lieutenant Mkhwanazi will be the first person consulted and noted that the inquiry will specifically investigate the claim that criminal syndicates have infiltrated public institutions and exerted influence on public officials.
“The scope includes investigating, inquiring into, reporting on, and then making findings and recommendations related to whether criminal syndicates this includes but is not limited to drug cartels have infiltrated or exerted undue influence on the South African Police Service, the three metro police departments of the Gauteng Metros, the National Prosecuting Authority, the State Security Agency, the judiciary, and any other institution within the criminal justice system and any member of the executive responsible for the criminal justice system,” said Michaels.
The Madlanga Commission of Inquiry is the fifth commission established by the president. The previous Zondo Commission required eight extensions and took three years to produce results.
For Paul Pretorius, the former legal head of the State Capture Commission, the requirement to produce an interim report within three months is a daunting challenge. However, he notes that there are mitigating factors that can help the commission carry out its task more efficiently.
“There are two mitigating factors: the terms of reference do allow the commission to refer matters for parallel investigation and prosecution, while they are doing their work and also to appoint separate inquiries or recurring matters generally for prosecution and investigation,” said Pretorius.
Pretorius stresses that the true test will be the execution of recommendations by the Commission, stating that it is the responsibility of the executive to ensure that findings of the Commission are acted upon.
“All a commission can do is investigate, establish facts, and report to the President with recommendations. That is the limit of its powers because it really has no power. Once the report is handed over, it is up to the executive, particularly the president, to implement, and that is where the focus should be,” stated Pretorius.
Photo: Screenshot of briefing
