Public Protector Gcaleka vows impartiality in investigation of former boss Senzo Mchunu
Image: Armand Hough/Independent Newspapers
As the Public Protector's office prepares to investigate Police Minister Senzo Mchunu over allegations of abuse of power and misconduct, Public Protector Kholeka Gcaleka has stated her commitment to maintaining impartiality throughout the process despite past ties.
Gcaleka, who previously served as Special Advisor to Mchunu during his tenure as Minister of the Department of Public Service and Administration, assured the public that her office's investigation would adhere to the highest standards of constitutional integrity.
The investigation was initiated last week following a complaint by the African Transformation Movement (ATM), which accused Mchunu of collusion with prominent business people and alleged involvement in obstructing investigations into criminal activities within the South African Police Service (SAPS).
The ATM's allegations are backed by WhatsApp messages, audio recordings, and financial documents suggesting Mchunu's links to figures like Brown Mogotsi and Vusimuzi 'Cat' Matlala, who faces murder charges.
In response to questions about a potential conflict of interest, Gcaleka told IOL that her office's adherence to constitutional mandates remains intact.
"The constitution requires my office to act independently and impartially. To ensure objectivity, all investigations are subjected to rigorous review processes, including evaluations by senior investigators and legal teams.'
'Section 13(a) of the Public Protector Act mandates that all members serve independently and without bias. Our investigative procedures are designed to uphold these principles, regardless of previous associations,' said Ndili Msoki, PPSA Legal Advisor.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Ad loading
The ATM's complaint, led by Member of Parliament Vuyo Zungula, alleges that Mchunu may have engaged in misconduct by disbanding the SAPS political killings task team, allegedly delaying investigations into politically sensitive cases, and possibly influencing the awarding of a R360 million contract to Matlala.
Zungula urged the Public Protector to probe whether Mchunu's actions violated the Executive Members Ethics Act (EMEA) 1998.
Gcaleka assured that her office would thoroughly investigate all allegations, including whether Mchunu lied about his relationship with Mogotsi in parliamentary sessions and whether there was undue influence in the awarding of contracts.
However, she also acknowledged that due to the scope of the complaints, the investigation might take longer than the 30 days stipulated by law.
Meanwhile, President Cyril Ramaphosa announced plans to establish a commission of inquiry to examine the allegations against Mchunu.
'We are committed to transparency and accountability,' Ramaphosa said. 'The commission will ensure that all concerns are thoroughly examined, and justice is served.'
Gcaleka reaffirmed her office's dedication to conducting a fair and independent investigation.
'Our duty is to uphold the rule of law and protect the integrity of public institutions. I am confident that, through a transparent process, we will arrive at the truth,' she stated.
thabo.makwakwa@inl.co.za
IOL Politics
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Citizen
12 minutes ago
- The Citizen
ConCourt sets date for MK party's case against Ramaphosa over Mchunu
Former President Jacob Zuma and the MK party are seeking to invalidate Ramaphosa's decision to place Mchunu on a leave. The Constitutional Court has set down a date to hear the MK party's urgent application against President Cyril Ramaphosa to place Police Minister Senzo Mchunu on leave. Former President Jacob Zuma and the MK party are seeking to invalidate Ramaphosa's decision to place Mchunu on a leave of absence and appoint Wits law Professor Firoz Cachalia as acting police minister. They are also challenging Ramaphosa's establishment of a judicial commission of inquiry to investigate allegations of corruption in the police. 'Applicants must file heads of argument by Sunday, 27 July 2025, at 14h00. Respondents must file heads of argument by Monday, 28 July 2025, at 14h00,' the court directed. The matter has been set down for Wednesday, 30 July at 11am. ALSO READ: Zuma says Ramaphosa has no constitutional power to suspend Mchunu Allegations KwaZulu-Natal (KZN) Provincial Commissioner Lieutenant General Nhlanhla Mkhwanazi made explosive allegations during a media briefing this month, accusing Mchunu and Deputy National Commissioner for Crime Detection, Shadrack Sibiya, of political interference in police operations. In Ramaphosa's answering affidavit on Wednesday, the president argued that the constitution gives him 'a wide berth as to how to deal with ministers' 'It is clear that I am empowered to place a minister on special leave when there are serious allegations… so that those allegations can be properly investigated,' said Ramaphosa. However, Zuma argues there's no express constitutional power allowing Ramaphosa to impose special leave on Mchunu. ALSO READ: Ramaphosa motion of no confidence: MK party requests secret ballot Zuma challenge Zuma said there are details in Ramaphosa's affidavit that Mchunu will not return as minister of police after the commission of inquiry. 'There is nothing said in the president's affidavit which justified placing Minister Mchunu on 'special leave' and thereby causing him to retain his ministerial title, salary and other perks or privileges at the expense of the long-suffering taxpayer'. Feroz Cacahlia Zuma said Ramaphosa 'openly dodges' the clear distinction between the power to appoint a minister and the different power to appoint an acting minister. 'The two are plainly not the same. The obfuscatory reference to the credentials of Prof Cachalia is nothing but deflection. For the record, no issue is taken against the professor's credentials… The issue is whether he was constitutionally qualified to be appointed by the president. The answer is that he was not.' Zuma also challenged Mchunu's version of events, portraying it as 'evasive and legally flawed', saying the minister's affidavit is a 'masterclass in evasion – it skirts the core allegations and offers no constitutional basis for the executive's conduct.' ALSO READ: Here's why Zuma's MK party wants Ramaphosa removed in 'urgent' motion of no confidence
IOL News
14 hours ago
- IOL News
Community leaders call for action against illegal cannabis stores in Chatsworth
Residents said outlets were "freely selling" cannabis products close to schools and religious organisations. Image: Reuters COMMUNITY leaders in Chatsworth are urging authorities to take action against the proliferation of illegal cannabis stores, highlighting concerns about public safety and the impact on local youth. They said outlets were "freely selling" cannabis products close to schools and religious organisations. This comes soon after Mmamoloko Kubayi, the Minister of Justice and Constitutional Development, confirmed that regulations required for the Cannabis for Private Purposes Act to be implemented would be finalised by March 2026. In a parliamentary response to DA MP Tobias Chance, Kubayi said the Act could only be implemented once her department had received feedback from all concerned departments. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ These include the departments of health; agriculture; trade, industry and competition; social development; small business and development, the Presidency, and the SAPS. Yugen Pillay, chairperson of the Chatsworth Community Policing Forum (CPF), said despite the use of cannabis being decriminalised for private use, the public needed to remember that the sale of cannabis was still illegal. 'People are openly selling cannabis. The law regarding the sale of cannabis is quite clear. I have tried many times to get law enforcement to act on this, but they are still awaiting direction from their legal department. A directive that was unfortunately not forthcoming. 'It seems that the legal departments cannot decipher the legislation, and in the meantime, these stores are mushrooming all over. 'The use of cannabis can act as a gateway drug, and because it is so easily available, more and more people are using it. We are calling on the police to clamp down on these stores and start shutting them down," said Pillay. He said SAPS had issued a stern warning that the establishment of illegal dispensaries or outlets, online sites and social media platforms, which are marketing and selling cannabis and cannabis-related products to the public, remained illegal, except where specifically allowed in terms of the Medicines and Related Substances Act. 'Despite warnings, cannabis stores continue to open everywhere. Some of these illegal businesses, purporting to operate legally, are also being sold to members of the public as franchises authorised to deal in cannabis and cannabis-related products. 'Dealing in cannabis remains a serious criminal offence. Police are mandated to and will act, not only against businesses that sell cannabis illegally, but also against the customers who buy these products." Cyril Pillay, the chairperson of the Chatsworth Spiritual Crime Prevention Forum, said: "The increase in cannabis stores in our community is adding to all the social ills we are facing. It is compounding our problems and leading to the degradation of our society. This is also adding to the social economic challenges that already exist. 'People are complacent and due to poor monitoring, we have more than one cannabis store per area. We need proper monitoring and more police operations to curb this." Denzil Devan, a community leader in Mobeni Heights, said the sharp increase in cannabis stores across communities highlighted a significant gap in legislation. 'While liquor outlets are bound by strict zoning laws, such as maintaining a set distance from schools, cannabis stores are exploiting the absence of similar regulations, allowing them to operate virtually anywhere. This loophole poses serious concerns for public safety and urban planning,' he added. Devan said it was more concerning that outlets have included smoking lounges and cannabis bars. 'Many of these outlets have evolved into cannabis smoking lounges or cannabis bars, which likely goes far beyond what Parliament intended when it moved to decriminalise cannabis for personal use and regulate products like cannabis oil and hemp. Without clear policy direction and enforcement, we risk creating unregulated environments that normalise public consumption and weaken community standards." Jakes Singh, the former chairperson of the Chatsworth CPF, said various cannabis stores have opened near schools and religions institutions over the last two years. 'Not enough checks are done. While a few of the stores are operating legally, most are illegal. Tuck-shops are even selling cannabis. Stores are mushrooming everywhere. Raids are done, and regulators are visiting to check, but it is not done all the time. Too many loopholes are leading to the increase of cannabis stores,' said Singh. Colonel Booysie Zungu, the spokesperson for metro police, said the rapid increase of unlicenced cannabis stores and dispensaries within the municipal area was a serious concern. 'We are working together to identify and dismantle illegal cannabis operations, including unregistered dispensaries, storage facilities, and unlicenced retail stores. These establishments often operate outside the boundaries of national legislation, posing a threat to public health and safety. 'This is in line with our crime prevention mandate and the provisions of the Drugs and Drug Trafficking Act and Medicines and Related Substances Act. 'We are committed to enforcing municipal bylaws, disrupting illegal trade, and working to ensure that all cannabis-related businesses comply with applicable laws. We encourage the public to report suspicious activity through official channels." Dr Boitumelo Semete-Makokotlela, the chief executive officer of the South African Health Products Regulatory Authority (Sahpra), said cannabis dispensaries were mushrooming and blatantly displaying copies of Sahpra licences, which were issued authorising cannabis cultivation and exporting of the cannabis flower. "Such licences do not authorise these so-called cannabis dispensaries. This is a matter of concern," said Semete-Makokotlela in a statement. 'It is highly unethical and illegal for any individual or company to claim Sahpra authorisation through forged documentation. We take this matter seriously, and we will work with law enforcement agencies to ensure that offenders are dealt with swiftly and decisively. The public must be protected from such deceptive behaviour." Sahpra warned the public to be vigilant and cautious when engaging with service providers that claimed to be licenced by the authority. Semete-Makokotlela said Sahpra wasin the process of sourcing a system that used barcoding as a means of authenticating these certificates. If you suspect that a provider is using a fraudulent Sahpra licence, you can call the authority on 0800 204 307. THE POST
IOL News
14 hours ago
- IOL News
Understanding the cost implications of the US-South Africa Bilateral Relations Review Act on the property sector
If foreign investors exit the South African property market, property prices may cool. Image: Leon Lestrade, Independent Newspapers. The US-South Africa Bilateral Relations Review Act of 2025 will negatively affect the local property sector's investment dynamics and have cost implications if it becomes law. The bill was introduced by Ronny Jackson, a congressman from Texas, in April. For it to become a law, it will need to be approved by the House and Senate before being signed by President Donald Trump. It accuses South Africa of undermining the United States' interests by maintaining close relationships with the People's Republic of China and the Russian Federation, nations that are Pretoria's strong allies and key trading partners. On investment dynamics, Dr Farai Nyika, an academic programme leader in the School of Public Administration at the Management College of Southern Africa(MANCOSA), says South Africa's property sector depends significantly on both domestic and international investment. He said foreign involvement includes not only direct investment in physical developments but also the purchase of South African property-related shares on the Johannesburg Stock Exchange (JSE). 'Should the bill become US law, the geopolitical risks associated with doing business in South Africa may deter foreign investors. This could result in a slowdown in physical property developments by foreign investors and a sell-off of South African property stocks. "Such a sell-off would constrain these companies' ability to raise capital, potentially leading to reduced profitability, operational cutbacks, and, disastrously, job losses,' Nyika told "Independent Media Property". The academic leader said it is key to note that the bill, in its current form, may change to broaden penalties beyond what is currently stated, so they could only speculate on its current form. He said it should be remembered that the bill is really targeting South African individuals, rather than the country as a whole. 'However, perceptions matter more than reality and legal precision; for example, though Zimbabwean politicians were the target of U.S sanctions in 2003, the Zim government claimed that the country's subsequent economic hardships were the result of the entire country being sanctioned. "By extension-sanctions that target individuals indirectly harm the economy. Because many property investors will say that they do not want to do business in a country that the 'US is sanctioning'. "Perversely, there could be some economic benefits to the local property market from the U.S sanctioning local politicians. If foreign investors exit the market, property prices may cool. "This could make housing more affordable for locals who have previously been priced out-particularly in urban centres like Cape Town, where gentrification has greatly limited social mobility and access to property ownership,' Nyika said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading With regards to cost implications, he said a large proportion of building materials, especially high-end fixtures for luxury properties and solar technologies, are imported. He said in a country that has been grappling with persistent load shedding and a transition to cleaner energy, the demand for solar and energy-efficient solutions is rising. 'However, if the bill disrupts trade relations or leads to broader sanctions, the cost of these imported materials may increase, raising construction and development costs. This could slow down South Africa's Just Energy Transition in the short term.' With that said, Nyika said economic pressure often fosters innovation. He said historical precedents show that sanctions or trade restrictions can trigger industrial growth-as was the case in both Zimbabwe and apartheid-era South Africa during the 1960s and 70s. 'In the long run, if the South African government were to prioritise industrial policy and local manufacturing, the country could reduce reliance on imports. "This would benefit the property sector by fostering domestic production of certain formerly imported building materials and solar items, improving resilience, and potentially creating new economic opportunities to expand local property.' Asked whether the South Africa property sector will have resort in this regard, Dr Thandile Ncwana, also an Academic Programme Leader at the same institution, said but some of the possible strategic play for South Africa in this situation should the bill be approved, is to mitigate escalation and maintain its relationship with the US by considering engaging in high-level bilateral diplomacy aimed at clarifying its foreign policy positions while reaffirming its commitment to democratic values, trade and multilateral cooperation. She said proactive parliamentary diplomacy, Track II dialogue forums, and regular engagement with the US Congress and civil society actors could help reframe South Africa's stance as one of principled non-alignment rather than strategic antagonism. 'Because reinforcing bilateral economic ties and highlighting areas of mutual benefit, such as climate action, infrastructure development and health, can serve as diplomatic buffers. The government also have a chance to carefully balance between asserting its foreign policy independence and avoiding diplomatic or economic isolation. "This can be achieved by adopting a transparent foreign policy communication strategy, clearly articulating the principles behind its international engagements, and avoiding actions that may be interpreted as tacit support for states or groups under U.S. sanctions,' Ncwana said. She added that multilateralism should remain at the heart of South Africa's diplomacy, and efforts must be intensified to build consensus with African partners, BRICS allies, and Western institutions alike to maintain strategic flexibility and avoid becoming a casualty of great-power rivalry. Politically, she said South Africa should adopt a dual-track diplomacy strategy that preserves its non-aligned international stance while actively engaging U.S. policymakers to dispel misconceptions about its foreign policy positions. 'This includes convening high-level bilateral dialogues, leveraging multilateral platforms like the United Nations and African Union to clarify its principled positions, and re-establishing structured parliamentary exchanges with the US Congress. "South Africa's leadership can also benefit from a strategic public diplomacy campaign that communicates its commitment to constitutional democracy, human rights, and peaceful conflict resolution principles historically shared with the US. "These efforts can de-escalate tensions and rebuild political trust, allowing space for honest disagreement without undermining the broader relationship.' Ncwana said that overall, the South African government can lastly play a strategic move by enhancing interdepartmental coordination, particularly between the Departments of International Relations and Cooperation (DIRCO), Trade and Industry, and National Treasury to ensure cohesive messaging and responsiveness to external developments like the US legislative process. Independent Media Property
