Parliamentary Portfolio Committee on Justice and Constitutional Development chairperson Xola Nqola has welcomed the commencement of the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, while political parties have expressed disapproval or caution.
The commission, chaired by Justice Mbuyiseli Madlanga, is scheduled to begin public hearings on Wednesday, after its start was delayed owing to procurement challenges.
The commission was originally scheduled to begin on September 1.
The formation of the Commission came after KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi made explosive allegations of corruption, specifically accusing Police Minister Senzo Mchunu of unilaterally disbanding the Political Killings Task Team and redirecting 121 active investigation dockets to the office of National Deputy Commissioner Lieutenant-General Shadrack Sibiya, where they have allegedly been neutralised.
Mchunu and Sibiya have since been placed on leave by President Cyril Ramaphosa.
Nqola said now that the commission was underway, it demonstrated government’s decisiveness in removing obstacles to ensure a smooth and timely start.
Last month, Nqola expressed concerns about the delays, saying the commission was of utmost importance to restore credibility for the country.
“It is regrettable that these public servants have not done their work to ensure this process starts on time. We call on the Minister to closely monitor the progress to ensure the work of the commission commences speedily,” he said at the time.
ACCOUNTABILITY
Meanwhile, the Democratic Alliance (DA) expects the commission to lay bare the scale of political interference and criminal infiltration across law enforcement and justice structures.
DA spokesperson on Police Lisa Schickerling said the inquiry could not become another expensive talk shop.
“… it must mark a turning point in crushing the syndicates that thrive on political protection and in rebuilding faith in the rule of law,” she said.
The party wants all implicated individuals to face swift accountability, from suspension to prosecution, and said commission witnesses must be protected, while urgent reforms must be implemented to restore trust in law enforcement.
“Lieutenant-General Nhlanhla Mkhwanazi’s allegations of collusion between politicians, senior police officers, prosecutors, intelligence operatives and even elements of the judiciary have shaken public confidence. Only a fearless and thorough process can begin to restore trust,” noted Schickerling.
DISAPPROVAL
The uMkhonto weSizwe Party (MKP) is protesting the commencement of the commission, this after the party asked Madlanga to suspend its start until the Pretoria High Court passed judgment on the legality of the commission.
The case is set to be heard in the Pretoria High Court on Thursday.
In July, MKP president Jacob Zuma and the party legally challenged Ramaphosa’s decision to place Mchunu on a leave of absence and said Firoz Cachalia’s subsequent appointment as Acting Minister was illegal.
On Monday, the party rejected what it termed the “reckless and unlawful” decision of the Madlanga Commission to commence hearings on Wednesday.
The MKP pointed out that South Africa cannot afford leaders “clouded” by allegations of corruption, calling on Ramaphosa to fire Mchunu.
“Enough is enough! While millions of South Africans suffer without jobs, water, or electricity, Judge Madlanga’s commission is draining resources. Stop wasting poor people’s money. R147-million has been wasted in order to protect Mchunu. The MKP says enough is enough.
“Ramaphosa’s appointments and protection deal have exposed deep cracks in our democracy. From Senzo Mchunu’s costly shield, to parachuting Cachalia and Judge Madlanga’s controversial role, South Africa deserves accountability, not capture,” it said.
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