President Ramaphosa has directed the Minister of Police Professor Firoz Cachalia and National Commissioner, General Fannie Masemola, to establish a special investigations task team, which will investigate recommendations made by the Madlanga Commission of Inquiry.
The directive comes after Ramaphosa studied the commission’s preliminary report, which was handed over to him in December last year in line with the delivery timelines that had been determined by the President.
“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,” said the presidency spokesperson, Vincent Magwenya.
According to the directive, the team’s leader will report directly to Masemola.
The Commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, is investigating serious allegations made by Lieutenant General Nhlanhla Mkhwanazi about the existence and operation of a sophisticated criminal syndicate that has allegedly infiltrated the criminal justice system in South Africa.
President Ramaphosa further welcomed 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.
The commission also made recommendations in some instances for disciplinary measures to be taken against individuals alleged to be involved in wrongdoing including criminal acts and corruption.
Furthermore, Magwenya said the commission clauses provides it with power to refer matters for immediate criminal investigation and urgent decisions on prosecution, while others compel it to refer any matter for prosecution, further investigation or the convening of a separate enquiry to the appropriate law enforcement agency, government department or regulator.
According to the commission’s recommendations, there is prima facie evidence of wrongdoing, and has made referrals for investigation by the appropriate officials in the South African Police Service (SAPS), Independent Police Investigative Directorate (IPID), or the Ekurhuleni Metropolitan Municipality.
The presidency said the matters highlighted for referral concern allegations of criminality, corruption, fraud, murder, perjury and other unlawful actions by officials and officers in the employ of SAPS, City of Ekurhuleni, and the Ekurhuleni Metropolitan Police Department (EMPD).
“The referrals relate to the following SAPS officials, Major General Lesetja Senona, Major General Richard Shibiri, Brigadier Mbangwa Nkhwashu, Brigadier Rachel Matjeng and Sergeant Fannie Nkosi.
Prima facie evidence of wrongdoing was also found by the Commission regarding current and former employees of the Ekurhuleni Metropolitan Municipality Department.
These are suspended EMPD Chief of Police Commissioner Julius Mkhwanazi, officer Bafana Twala, officer Aiden McKenzie, officer Kershia Leigh Stols, former City Manager Dr Imogen Mashazi, fleet manager/proxy Chris Steyn, Head of Department of Human Resources Linda Gxasheka, Head of Legal Adv Kemi Behari, Etienne van der Walt,” explained the spokesperson.
Ramaphosa noted that while 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.
He also acknowledged that some of the implicated individuals will return to the Commission to respond to allegations presented against them and that more witnesses are yet to deliver their evidence.
“While the Commission emphasises that, with the exception of EMPD Chief, Commissioner Julius Mkhwanazi, it has not yet heard the response of some of the relevant persons listed above, the allegations against them remain prima facie allegations only and are not findings of the Commission.
The nature of these allegations however warrants the referrals for further investigation and potential disciplinary, prosecutorial or regulatory action right away,” remarked Magwenya.
President 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.
“Such immediate action will help to restore public trust and strengthen operational capacity in the affected state entities tasked with fighting crime and corruption,” stressed Magwenya.
