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In response to President Cyril Ramaphosa’s announcement of a judicial commission of inquiry into allegations against law enforcement agencies, Amnesty International South Africa executive director Shenilla Mohamed said:

“We have noted President Ramaphosa’s decision to establish a commission of inquiry into the allegations made by KwaZulu-Natal Police Commissioner General Mkhwanazi, of corruption, interference in investigations into political killings, and links of public officials to organised crime. We reiterate our call for these claims to be addressed with the severity and urgency required. Anything less is a blatant disregard for ensuring the protection of everyone’s rights to safety and life in South Africa. This cannot be just another inquiry that leads to no justice or accountability.”

In addition to investigating the allegations, the Commission will report on the effectiveness or failure of existing oversight mechanisms, and the adequacy of current legislation, policies and institutional arrangements in preventing infiltration of law enforcement agencies. Taking into consideration the nature of the allegations and evidence uncovered, the Commission will have the power to refer matters for immediate criminal investigations and prosecutions. The Commission itself, however, is not a criminal proceeding and action will need to be taken by law enforcement agencies to ensure accountability.

“People in South Africa are tired of costly commissions that are long drawn out and lead to no accountability. The mere fact that another commission is being established is an indictment of our justice system and state institutions. We need to see concrete and enforceable action to fight crime and not more processes that delay justice. President Ramaphosa has an opportunity, and the power, to tackle corruption within the state quickly and decisively. Failure to do so has a massive impact on the rights of the people who live in South Africa”, Shenilla Mohamed said. 

The cost of a failing criminal justice system

Amnesty International South Africa has documented many instances of the failure of the criminal justice system to deliver justice for victims and survivors of crime. Popi Qwabe and Bongeka Phungula, for example, were two women who were shot dead in 2017. Their bodies were dumped on the side of the road. They may have also been raped but a rape kit was never completed. Their families are still waiting for justice.

Fikile Ntshangase was an environmental activist and human rights defender who was silenced with six bullets five years ago. There have still been no arrests for her murder. Lindokuhle Mnguni and Nokuthula Mabaso were activists and human rights defenders part of the Abahlali baseMjondolo movement who were killed in 2022, and there has still been no accountability for their deaths.

“We are seeing a decline in the ability of the South African Police Service (SAPS) to resolve murders, and clear failures in their ability to respond to and investigate crimes. While the commission of inquiry is underway, the President must ensure the proper management of law enforcement agencies and ensure that crime does not worsen over this period, ” Shenilla Mohamed said.

There is already a widespread lack of trust in the police. Research by the Human Sciences Research Council shows that public confidence in the SAPS is generally low, dipping after key moments of intense violence and brutality, like the Marikana massacre and the unrest in July 2021. An Afrobarometer survey also showed that only 26% of people surveyed had “somewhat” or “a lot” of trust in police. The lack of trust in the police contributes to an environment of impunity, impacting people’s willingness to report crimes and on trust in the rule of law.

“We remind SAPS of the governing principles for national security provided in the South African Constitution, that ‘National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life’. We reiterate our call for the protection of whistleblowers during the Commission’s proceedings.”

Issued by Amnesty International South Africa