Latest news with #criminality
The Herald
a day ago
- Politics
- The Herald
Commission of inquiry begins its work, sets consultation with Mkhwanazi
The commission of inquiry into criminality, political interference and corruption in the criminal justice system has commenced in earnest and a consultation with KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi is imminent. Chair of the commission acting deputy chief justice Mbuyiseli Madlanga said on Monday the first consultation will help inform the commission what further information the commission should follow up on. 'We are mindful of the fact that South Africa is eager to see the first witness in the witness stand. We are also keen to see that happen. That said, the fact that Lt-Gen Mkhwanazi made the allegations does not make us ready to start hearing evidence immediately,' Madlanga said. He said there needed to be consultations and assessment of information the commission gathers. 'This may entail further consultations.' Earlier this month, President Cyril Ramaphosa established the commission of inquiry to look into the explosive allegations by Mkhwanazi. Mkhwanazi accused police minister Senzo Mchunu of interfering with police investigations and of overstepping his role when he ordered the disbandment of the political killings task team . Madlanga said the commission expected the hearings would start during August. 'What we consider to be of importance to the public is the question of lodgement with the commission by members of the public of information that is considered to be relevant to what the commission is investigating.' Madlanga said the procurement process to secure a building in Gauteng was under way. 'The public will be advised of the premises and online facility where there can be lodgement of information as soon as the question of procurement has been finalised, which I trust will be soon. Hearings will be in Gauteng.' Madlanga, who will be assisted by co-commissioners Sesi Baloyi SC and Sandile Khumalo SC said the lack of infrastructure did not affect the progress on the work of the commission. He said professionals to assist the commission had been appointed. T he commission has appointed Dr Nolitha Vukuza as secretary and Terry Motau SC as chief evidence leader. It has also appointed several other evidence leaders. 'The entities and people that we must investigate are the SAPS, metro police of the three metros in Gauteng, the National Prosecuting Authority, the State Security Agency, the judiciary, correctional services and any institution in the criminal justice system. 'These entities and people are to be investigated in relation to infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates.' Madlanga said by the end of the three months, the commission wanted to be in a position to submit an interim report to the president and make recommendations regarding concrete action needed to be taken. He said the rules of the commission would be published in due course. The public will have access to the commission and proceedings will be live-streamed. He said there was litigation brought before the Constitutional Court challenging the establishment of the commission. 'We will abide by the decision made by the court.' Madlanga said it was early days to determine how many witnesses would be called. The first consultation would give the commission an idea of grounds that needed to be covered. 'But even after the first consultation, we will not be able to be in a position to say how many witnesses the commission is able to hear. TimesLIVE
Mail & Guardian
2 days ago
- Politics
- Mail & Guardian
Madlanga inquiry into police corruption to hear first witness in August
Acting Deputy Chief Justice Mbuyiseli Madlanga The inquiry established by President Cyril Ramaphosa to investigate allegations of criminality, corruption and political interference in the criminal justice system will begin hearing public testimony in August, its chairperson, Acting Deputy Chief Justice Mbuyiseli Madlanga, said on Monday. Ramaphosa set up the inquiry in response to Madlanga said the commission has begun its preparatory work, including the appointment of senior personnel and the scheduling of the first witness consultation. 'Our first consultation with a witness is imminent. We are mindful that South Africa is eager to see the first witness in the stand. We too are keen to see that happen,' he told a media briefing. While Madlanga would not name the first witness, he confirmed that the commission would consult Mkhwanazi 'imminently'. Mkhwanazi alleged in a media briefing earlier this month that Mkhwanazi said 121 case dockets were removed from Mchunu, On Monday, Madlanga said the commission is treating the matter with urgency but must follow procedures, including consulting witnesses, assessing information and determining the need for follow-ups before public hearings can begin. 'The fact that General Mkhwanazi made the allegations does not make us ready to start hearing evidence immediately,' he said. He added that public hearings will take place in Gauteng, with a procurement process under way to secure a building. Madlanga assured the public that this would not delay preparations. 'We are proceeding full steam ahead. The lack of infrastructure does not affect progress on the commission's preparatory work,' he said. The commission will also establish facilities for members of the public to lodge relevant information, both in person and online. 'We consider it important that the public be afforded an opportunity to contribute,' Madlanga said. The commission has appointed a high-level team of professionals, with advocates Sesi Baloyi and Sandile Khumalo serving as co-commissioners. Advocate Terry Motau is the chief evidence leader, with Lolita Vukuza appointed as the commission secretary. Peter Gous is the chief investigator and Jeremy Michaels the commission's spokesperson. 'We believe this team is up to the task and will deliver on the mandate,' Madlanga said. The commission is expected to submit an interim report within three months and conclude its work in six months. Madlanga reiterated that the commission is bound by a timeline and said the interim report by the end of its first three-month period may include recommendations for immediate action. Madlanga also outlined the terms of reference, which include investigating the South African Police Service, metro police departments in Gauteng, the National Prosecuting Authority, the State Security Agency, the judiciary, correctional services and any executive members responsible for the criminal justice system. The inquiry will look into whether these entities have been infiltrated by criminal syndicates, including attempts to shield politically connected individuals and obstruct justice. Asked about witness safety, Madlanga said each case would be assessed to determine whether protection was required. Given that some implicated parties are still in the system, this is 'receiving serious consideration'. He said the commission is also empowered to conduct search-and-seizure operations when necessary, but would do so in a way that 'does not alert the intended persons'. When pressed on whether arrests could follow, Madlanga said: 'I cannot give a categorical answer at this stage.' He added that litigation challenging the commission's legitimacy is pending before the constitutional court, and the commission would abide by the court's ruling on whether it would be interdicted or continue. Mkhwanazi's disclosures include allegations that the police service is compromised at senior levels and that attempts were made to destabilise it, including efforts to frame national commissioner Fannie Masemola and remove senior officials. Mkhwanazi said Mchunu had tried to 'smooth the waters' between him and Sibiya, whom he referred to as 'a criminal'. He also alleged that Mchunu misled parliament about links to Brown Mogotsi, a man with alleged ties to organised crime, and Vusumuzi 'Cat' Matlala, a business person who allegedly benefited from police tenders despite criminal allegations against him. Ian Cameron, the chairperson of parliament's police portfolio committee, said Mkhwanazi had effectively 'He was fully aware of the risks — physical or career-related — and acknowledged this publicly,' Cameron said. Parliament is establishing an ad hoc committee to Madlanga declined to provide a budget estimate, which he said would be determined by the justice department. He said it was too early to estimate how many witnesses would testify. He confirmed that the commission's rules — including procedures for public access and media attendance — will be published.
CBC
7 days ago
- Politics
- CBC
Crown seeking 8 years for convoy leader Chris Barber, 7 for Tamara Lich
Social Sharing The Crown says it's seeking an extraordinary sentence for an unprecedented crime, as court began hearing sentencing submissions Wednesday in the mischief case of Ottawa truck convoy leaders Tamara Lich and Chris Barber. Crown prosecutor Siobhain Wetscher asked Justice Heather Perkins-McVey to impose a prison sentence of seven years for Lich and eight years for Barber. But Barber's lawyer called that "cruel and unusual punishment." Instead, she argued her client should walk free with an absolute discharge. Barber was found guilty in April of mischief and counselling others to disobey a court order, while Lich was convicted of mischief alone. Wetscher admitted the sentences she's asking for are at the upper end of the range — the Criminal Code sets a maximum of 10 years for mischief — but she argued that they're justified. "It's not a sentence that is being sought lightly, but one that the Crown believes is proportional," Wetscher said. Wetscher said the pair played prominent leadership roles in the weeks-long occupation that took over downtown Ottawa for more than three weeks in early 2022. She said the Crown isn't seeking to punish them for their political beliefs, but for crossing the line into "sustained criminality" that paralyzed the city and flouted the law. "The Crown acknowledges that it's seeking an extraordinary sentence in this case," she said. "However, Mr. Barber and Ms. Lich are criminally responsible for extraordinary harm and profound impact to the public." She quoted from witness impact statements from residents and business owners who endured the protest, leaving them with hefty financial losses and lasting psychological scars. "It's difficult to imagine an offence of mischief with greater impact," Wetscher said. 8 years an 'abusive' sentence: Barber's lawyer But Barber's lawyer Diane Magus argued that examples of such offences are easy to find. She came armed with precedents, citing serious mischief cases that resulted in sentences far more lenient than what the Crown is seeking for Lich and Barber. She mentioned Pat King, who was convicted for his role in the same protest but received a three-month conditional sentence, plus nine-months' credit for time served. Wetscher argued that King was a less influential figure among the Ottawa protesters compared to Lich and Barber. But Magus cited still other cases. She brought up the "Black Bloc" protesters at the 2010 G20 summit in Toronto. They caused extensive property damage, including upending police cars and smashing storefronts, but received comparatively light sentences of under two years. Magus said the fear and intimidation those protesters caused was "much more severe than in this case." She said her client should get an absolute discharge, which would allow him to walk free without any jail term or criminal record. "The sentence sought was excessive, abusive and would amount to cruel and unusual punishment," she said of the Crown submission. At the very least, she said Barber should be able to serve a conditional sentence in the community, not in prison. Magus quoted from character letters that described Barber as a pillar of his community in Swift Current, Sask., a responsible business owner with strong family ties. She said a criminal record will mean a big hit to his trucking business, since it will make it difficult for him to cross the border into the United States. She said there are also mitigating factors in how Barber handled the protest, such as his willingness to work with police to move some trucks from residential areas to Wellington Street. Perkins-McVey agreed that was a mitigating factor, though she noted that it only limited the protest, without ending it.
The Herald
18-07-2025
- Politics
- The Herald
There'll be no shutdown on Friday — police
Police say they will not tolerate criminality and lawlessness in response to plans by a civil society organisation to protest at the Union Buildings on Friday in support of KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi. National police spokesperson Brig Athlenda Mathe said there will not be a shutdown, and officers will enforce the law decisively if the protesters prohibit people's freedom of movement during the demonstrations. 'We w ill not tolerate any lawlessness and any form of criminality, whichever way it manifests itself,' said Mathe. Since the beginning of the week, there have been ongoing protests across the country in support of Mkhwanazi, who made explosive allegations against police minister Senzo Mchunu and deputy police commissioner for crime detection Gen Shadrack Sibiya, whom he accused of being in cahoots with criminals. Mchunu and Sibiya have since been placed on 'leave of absence'. Inwooners Baagi Civic Movement leader David Ratladi said they will stage a protest at the Union Buildings with 10 other organisations under the banner of 'Hands off Mkhwanazi'. 'We are tired, the president has failed us, we are on autopilot,' he said. 'We say the president should have recalled Mchunu like he did with DA deputy minister [Andrew Whitfield],' Ratladi said MK Party Gauteng leader Abel Tau said they will also stage a protest at the Union Buildings to demand that President Cyril Ramaphosa resign.
The Herald
16-07-2025
- Politics
- The Herald
Ward 34 winner must hit ground running, fix street lights — voters
Residents of Nelson Mandela Bay's Ward 34 want the new councillor elected after a crucial by-election on Wednesday to ensure broken street lights are repaired to stop rampant criminality. They were voicing their concerns at two of the four voting stations in the battleground northern areas ward as they waited to cast their ballots during special voting. The PA and the DA are seen as the front-runners in what is expected to be a hotly contested by-election described as a litmus test in the metro ahead of the 2026 local government polls. On Tuesday, Bethelsdorp, where the DA and PA established their operational centres, was abuzz with activity. Vehicles were covered in party stickers. Others blared loud music from speakers, creating a lively atmosphere. Outside the voting stations, parties such as the National Alliance, ANC and EFF set up gazebos, adding to the vibrant scene. Despite fielding a candidate to contest the ward, the PAC was absent. The ward became vacant after the death of DA councillor Johnny Arends in a car accident on the R75 in April. Arcadia resident Eric Gallant said he wanted the elected candidate to tackle some of the urgent service delivery issues in the area. 'The street lights that are not working deem our community unsafe. 'Now that it's winter, it gets dark earlier than usual, and it becomes unsafe to walk the streets,' Gallant said. 'Our other major issue is the overflowing sewerage drains, leading to our pothole-ridden streets being flooded by smelly water. 'All these issues were long reported, but nothing was done. 'I would send a message to the councillor, and he would read messages and not respond, so I hope the new person will be more in touch with the residents.' West End resident Jennifer Jacobs said street lights and poor road infrastructure were a big problem. 'The roads in Arcadia are in a bad state. 'Our other issue is darkness. There are street lights that have not been working for years. 'This makes our community a dangerous place. Previously, I could walk from my house to the nearby service station to buy electricity in the late afternoon, but I cannot now because it's unsafe. 'You can't see who's coming in front of you unless there's a car approaching.' DA provincial leader Andrew Whitfield said the party had run the best campaign to ensure it retained the ward. 'We've learnt a lot over a series of by-elections around the country, and we've put all that knowledge into practice. 'We're hoping for a win, and we're confident that we've done everything possible to achieve that result. 'We will do everything we can to defend Johnny Arends' legacy, and that starts with winning this ward.' Whitfield dismissed claims by political commentators predicting a PA victory in the ward, saying such analyses were often inaccurate. In the 2021 local government elections, the DA won the ward with 63.14% of the votes, followed by the National Alliance (17.12%) and PA (2.78%). The Herald
