Opposition parties have expressed scepticism following President Cyril Ramaphosa’s announcement of a new judicial commission of inquiry, expressing concerns about whether it will lead to accountability and prosecutions.

Last week, KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi made allegations of corruption, political interference, and malfeasance, 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.

In response, Ramaphosa on Sunday announced the establishment of the commission to investigate the allegations and he placed Mchunu on a leave of absence with immediate effect, appointing Professor Firoz Cachalia as acting Minister of Police.

Oppositions parties including ActionSA, Inkatha Freedom Party (IFP), Democratic Alliance (DA), Economic Freedom Fighters and the uMkhonto weSizwe Party have been calling for Mchunu’s removal from Cabinet since Mkhwanazi publicly made his claims.

Ramaphosa announced that the inquiry will be chaired by acting Deputy Chief Justice Mbuyiseli Madlanga, and will be assisted by Advocate Sesi Baloyi and Advocate Sandile Khumalo.

He said the Commission would have the power to refer matters for immediate criminal investigation and urgent decisions on prosecution.

ACCOUNTABILITY AND TRANSPARENCY

GOOD Party secretary-general Brett Herron said the appointment of a commission was not good enough, calling on Ramaphosa to empower the Special Investigating Unit (SIU) to conduct a “swift, independent” probe under the Prevention and Combating of Corrupt Activities Act.

Herron explained that the SIU has the legal mandate, investigative muscle, and track record to pursue complex corruption matters involving public officials.

“The appointment of a commission, while well-intentioned, is too slow, too cumbersome, and too costly. We have walked this road before, most notably with the Zondo Commission and we have seen that a commission of inquiry cannot replace a criminal investigation,” he said.

He noted that the judicial commission could not suspend, charge, or arrest anyone. It could only make recommendations.

“…and until it does, those implicated remain in place, leaving the system vulnerable and trust further diminished. Only Minister Senzo Mchunu has been placed on special leave, likely earning a ministerial salary for sitting at home,” Herron said.

DA leader John Steenhuisen said his party welcomed the announcement of Mchunu’s leave of absence.

“These allegations provided the President with an opportunity to show bold and firm leadership. Instead, he has once again outsourced executive responsibility to a commission, and South Africans have grown cynical of talk shops, task teams and commissions which they see as buying time and avoiding accountability,” he said.

Steenhuisen warned that his party would not accept a years-long process that gathered damning evidence only to deliver zero accountability.

“The country cannot afford another elaborate filing cabinet of findings that gather dust while the politically connected escape justice,” he said.

He promised that the DA would hold Ramaphosa to account on all findings and recommendations made by the committee, and that it would fight in Cabinet and Parliament for swift and visible action.

He said Parliament must not be sidelined and that the work of Parliament to hold the executive to account must continue unabated and undeterred.

IFP national spokesperson Mkhuleko Hlengwa called on the commission to act with urgency and transparency, and for all implicated parties to fully cooperate.

He said the allegations of criminality, corruption, collusion and interference within the Saps were deeply alarming and warranted a response of the highest integrity.

“The allegations detail a systemic lack of integrity, trust and good governance within the Police eco-system and law enforcement apparatus. The trust deficit renders law enforcement unable to investigate these allegations because they emerge from the highest echelons of the Saps against the highest echelons of the Saps,” Hlengwa said.

ActionSA said it saw no logic in yet another commission of inquiry carrying out work that law enforcement and agencies such as the Independent Police Investigative Directorate should be doing, especially as the R1-billion Zondo Commission Report into State Capture gathered dust while those who committed treason continued to evade justice.

ActionSA Member of Parliament Dereleen James said Mchunu’s leave of absence was “effectively a paid holiday”.

“What the President failed to acknowledge is that South Africans have long warned of the deep rot within Saps and its impact on safety and security. Government inaction has allowed this decay to worsen, further eroding the integrity of law enforcement leadership and deepening a national security crisis that can no longer be ignored,” explained James.

EFFICIENT JUSTICE SYSTEM

Meanwhile, the chairperson of the Portfolio Committee on Police Ian Cameron, and the chairperson of the Portfolio Committee on Justice and Constitutional Development Xola Nqola said it was important that the establishment of the commission was not “cosmetic but facilitates greater reflection and steps” to rejuvenate the entire criminal Justice system.

The chairpersons noted that Ramaphosa’s announcement did not affect the parliamentary process.

“The directive from the office of the Speaker of the National Assembly was clear, and the committees will endeavour to urgently implement the directive. Also, the Constitution mandates the national legislature to ensure effective oversight and accountability over the executive. It is in this context that the parliamentary process continues, especially because the credibility of the entire criminal justice system is at stake,” Nqola said.

Last week, National Assembly Speaker Thoko Didiza assigned the portfolio committees on Police; and Justice and Constitutional Development; and the Joint Standing Committee on Intelligence the task of urgently considering the explosive allegations made by Mkhwanazi, within the scope of their mandates.

Both chairpersons underscored the importance of having an “effective and efficient” justice system that could ensure the safety and security of everyone.

“Despite the decisions made by the President, the perception of a systematic breakdown remains, and the parliamentary process might assist in ensuring openness and accountability,” explained Nqola.

The committees will hold an initial meeting later this week to consider a way forward and report to the National Assembly as guided by the Speaker. 

Amnesty International South Africa executive director Shenilla Mohamed said people in South Africa were tired of costly commissions that were long drawn out and led to no accountability.

Mohamed pointed out that the mere fact that another commission was being established was an indictment of the country’s 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,” she said.

Mohamed noted that while the commission of inquiry was underway, Ramaphosa must ensure the proper management of law enforcement agencies and ensure that crime did not worsen over this period.