
Ramaphosa's new police inquiry — while sitting on two previous reports
President Cyril Ramaphosa has ignored two previous reports from commissions into corruption, including those of the police and Crime Intelligence, after national security crises.
Yet he has again established a judicial commission of inquiry, this time under Constitutional Court Justice Mbuyiseli Madlanga. The 63-year-old judge, who is acting deputy chief justice and retires later this year, was SA's youngest high court judge at 34. He was an evidence leader at the State Capture commission.
Madlanga will probe the explosive allegations made by Lieutenant General Nhlanhla Mkhwanazi into political interference in crime fighting and organised crime in the police service, and also in three metropolitan police services.
Ramaphosa also appointed Prof Firoz Cachalia as acting police minister. Incumbent Senzo Mchunu has been placed on special leave until the commission makes its findings.
For 14 months, since May 2024, Ramaphosa has sat on a report which advised him on exactly what needed to happen to stabilise the police service and clean up Crime Intelligence. The report by Prof Firoz Cachalia (now acting police minister) and his fellow councillors of the National Anti-Corruption Advisory Council (Nacac) has gathered dust on his desk at the Union Buildings.
The President has neither engaged with nor released the Nacac report from a commission he set up to make recommendations after the State Capture commission made its findings.
For three years, Ramaphosa has sat on another report which advised him on exactly what needed to happen to stabilise the police service and clean up Crime Intelligence. This report by Prof Sandy Africa was commissioned after what Ramaphosa called an 'attempted insurrection' in July 2021 (the July riots), which saw confidence in South Africa rattled as looting and lawlessness went on for days and days.
Prof Africa made recommendations about stabilising the police service, depoliticising it and cleaning up Crime Intelligence, as well as national intelligence. There is little evidence that any of her recommendations have been implemented.
The President's inaction on both reports raises questions about how effective he will allow the third commission into the same topic to be. If South Africa had a functioning intelligence service, General Mkwanazi would not have had to detonate a live grenade in the public square to highlight the rot in Mzansi policing, as he did last week.
Paymasters, politicians and tenderpreneurs
At the heart of the story is that the state is not yet uncaptured.
The case of Police Minister Senzo Mchunu and the influence allegedly exercised over him by tenderpreneur Vusi 'Cat' Matlala neatly fits the pattern of State Capture chronicled in the findings of the Zondo commission.
In each major case examined at the commission, the pattern is almost the same. Paymasters acting for tenderpreneurs work with intermediaries to capture politicians whom they lavish with largesse, and then influence government processes such as policy and tenders. This is how the state is repurposed for capture.
While Mchunu has won plaudits from civil society in the security sector for being a breath of fresh air, he now has many questions hanging over his head, as tabled by Mkhwanazi.
Notably, his admission that information peddler and North West ANC influencer Brown Mogotsi is a 'comrade'. (For background, see Caryn Dolley's report here.) Mogotsi, in turn, was allegedly in the pay of Matlala, a tenderpreneur in health and policing, first exposed by Jeff Wicks in News24. (See Wicks's reports here – News24 is paywalled)
In the country's most high-profile acts of capture at Eskom and Transnet, the middleman Salim Essa (in this case comparable with Brown Mogotsi) and the Guptas captured the former head of state, Jacob Zuma, as well as then Cabinet members Malusi Gigaba and Lynn Brown.
In the Correctional Services' capture by the logistics and facilities company Bosasa, the tenderpreneur Gavin Watson, using his executive Angelo Aggrizzi as paymaster, tried to buy the influence of ANC chairperson Gwede Mantashe and party deputy secretary-general Nomvula Mokonyane. (Note: Mantashe has taken the State Capture commission of inquiry findings about him under review.)
What this shows is that three years after Ramaphosa received the report of the commission of inquiry into State Capture from Justice Raymond Zondo, the patterns of capture are still well entrenched in the ANC, now South Africa's largest party, rather than its governing party, and still affect national security.
Acting deputy chief justice Judge Mbuyiseli Madlanga, who will now head yet another judicial commission of inquiry into the capture of the police, has his work cut out for him. DM
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IOL News
4 hours ago
- IOL News
Trust in the judiciary: South Africa's crisis of confidence
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When Ramaphosa finally faced the nation, the address was characteristically and predictably underwhelming. All opposition parties took potshots at Ramaphosa. Those who were disappointed in Ramaphosa's utterances have themselves to blame. First, Ramaphosa is not a man of courage. He has no backbone. Placed in a prickly situation, his instinct is to choose ANC's interests over those of the country. Second, Ramaphosa and the ANC have demonstrated that an oath to uphold and protect the constitution is politically meaningless. Third, Ramaphosa does not come with clean hands. The Phala Phala farmgate scandal must have weighed heavily on his mind. The independent parliamentary panel, comprising luminaries in law, found Ramaphosa to be possibly guilty of serious misconduct of violating section 96(2)(b) by acting in a way that is inconsistent with his office. Ramaphosa was also found to have violated section 96(2)(b) by exposing himself to a situation involving a conflict between his official responsibilities and his private business. The panel concluded that. 'Viewed as a whole, the information presented to the Panel, prima facie, establishes that (1) There was a deliberate intention not to investigate the commission of the crimes committed at Phala Phala openly.' The damning findings by the former Chief Justice Sandile Ngcobo-led panel have not triggered the usual knee-jerk reaction that we have come to expect from the self-appointed custodians of constitutionalism. If anything, they have been conspicuously silent and absent. Confronted by the ever-lingering prospect of possible impeachment of Ramaphosa over the farmgate scandal, the ANC did what it does best. It closed ranks and squashed parliament's attempt to establish a Multi-Party Committee to investigate its leader. An annoyed Thabo Mbeki wrote. 'Are we [the ANC] saying that we suspect or know that he (Ramaphosa) has done something impeachable and therefore decided that we must protect our president at all costs by ensuring that no Multi-Party Committee is formed?...... We acted as we did [as if] there was something to hide'. There is no way that Ramaphosa was going to throw Mchunu, one of his supporters, under the bus without facing serious political repercussions. The establishment of a judicial commission of inquiry was the only safe route open to Ramaphosa. It enables Ramaphosa to postpone addressing a tricky political question of dispensing with Mchunu's services. Be that as it may, the inquiry should not prevent the police from conducting criminal investigations against those implicated in the alleged commission of crimes. Neither does the commission absolve parliament of its oversight responsibility. 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 ✕ With a president burdened by allegations of possible criminality, it would be foolhardy to expect that the recommendations of the Madlanga Judicial Commission of Inquiry will be taken seriously. That the country can be held in suspense by a President who has proved to be a constitutional delinquent reflects the pervasive sense of lack of accountability, paralysis, and resignation that grips the nation. South Africans deserve Ramaphosa. No self-respecting country would allow this. South Africans have expressed a sense of inquiry-fatigue. They have witnessed far too many commissions without any of them leading to discernible positive effects. Some commissions were demonstrably weaponised to target certain individuals disliked by the establishment. Ordinarily, had it not been for the fact that Mkhwanazi implicated judges in the commission of corrupt activities, the establishment of a judicial commission would be unquestionable. Matters become complex if one considers the fact that the very judiciary had decided that South Africans cannot be entrusted with information relating to who funded President Ramaphosa's 2017 ANC presidential candidacy. Mkhwanazi's allegations lend credence to the speculations that the reason the CR17 files are sealed is that they may implicate some members of the judiciary or their family members. Ramaphosa is lucky. Each time he asks the courts to seal matters that relate to him, the courts oblige. This raises several questions. What happened to transparency being the lifeblood of democracy? If Ramaphosa is innocent as he pretends, why rush to the courts for cover? Who are the funders and beneficiaries of the CR17 funds? The tendency to obfuscate issues whenever Ramaphosa is involved played itself out at the Constitutional Court. Instead of zeroing in on the bigger picture, the country's esteemed jurists inordinately debated whether the parliamentary panel had established a prima facie or sufficient evidence. Their colleague, Justice Owen Rogers, would have none of it. He contended. 'A person loses 8.7 million Rand, they would want to know who the investigating officer is, and has it been reported to the police. Is there a case pending? It is a common cause that there wasn't… There was a deliberate decision because the president wanted to keep secret the source of the money; that's the background to where the panel was coming from.' This invariably raises the perennial question: Who judges the judges? The former Chief Justice Mogoeng Mogoeng answered that question when he contended that 'one of the things we needed to do as judges is to give reasons for our decisions that an ordinary man can understand. You must be worried when you read a judgment, and you are struggling to make sense of it.... We ought to know that partly, we account to the public through our judgments. Now, if you write in such a way that the public can't even understand what you are doing, what kind of accountability is that? We don't write for lawyers. We don't account to lawyers only; we account to every South African citizen.' The question becomes pertinent given society's growing mistrust of the judiciary. According to the 2018 Afrobarometer survey, 32% of South Africans suspect that judges are involved in corruption. In 2002, the level of mistrust was 15%. Responding to the 2021 Afrobarometer report on the society's loss of confidence in the judiciary, Chief Justice Mandisa Maya argued that 'the judiciary itself needs to do an introspection and check if we are to blame for this change of attitude towards the institution.' The chair of a commission of inquiry must be beyond reproach for the commission to enjoy legitimacy and credibility. For now, we can only speculate. And the picture is not rosy. * Professor Sipho P. Seepe is an Higher Education & Strategy Consultant. ** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.


The South African
20 hours ago
- The South African
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IOL News
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