Latest news with #judicialcommission
The Herald
5 days ago
- Politics
- The Herald
Zuma and MK Party to contest president's decision to suspend Mchunu in apex court
The MK Party has gone to the Constitutional Court seeking to have President Cyril Ramaphosa's decision to suspend police minister Senzo Mchunu revoked. This comes after KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi's explosive allegations that Mchunu was interfering with police investigations. In an address to the nation last Sunday, Ramaphosa announced he had suspended Mchunu, was appointing law academic Prof Firoz Cachalia as acting police minister effective from August 1 and setting up a judicial commission of inquiry to be headed by acting deputy chief Justice Mbuyiseli Madlanga to investigate the allegations. On Tuesday he appointed minister of mineral and petroleum resources Gwede Mantashe as acting minister of police with immediate effect until Cachalia takes office. In court papers the party challenged Ramaphosa's decisions as 'irrational', 'invalid', and inconsistent with obligations in the constitution and presidential oath of office, calling for the three executive decisions to be set aside. 'Declaring that the conduct or decisions of the president to establish the judicial commission of inquiry is irrational and/or inconsistent with the obligations in section 83(b) of the constitution and/or the presidential oath of office, read with sections 84(2)(f), 177, 178(4) and/or 180 of the constitution and is invalid,' the court papers read. Former president Jacob Zuma is the first applicant and the MK Party the second applicant, while respondents cited in the application are Ramaphosa, Mchunu, Mantashe, Cachalia and Madlanga. In the urgent application the party has asked Ramaphosa to make 'constitutionally compliant decisions within 15 days'. It has given the respondents until 10am on Monday to indicate if they will oppose the application and until 5pm on Tuesday to lodge their response. The party will then file its reply by Thursday and parties should deliver heads of argument by Friday. The court action came as MK Party supporters marched to the Union Buildings and police headquarters in Pretoria on Friday to hand over memorandums calling for Mchunu to be prosecuted and Mkhwanazi protected. Similar marches were held nationally during the week and the MK Party has said it will continue with the protests. TimesLIVE
News24
13-07-2025
- Politics
- News24
Ramaphosa establishes commission of inquiry into SAPS, puts Mchunu on special leave
President Cyril Ramaphosa established a judicial commission of inquiry into allegations made by KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi on Sunday. Read his full address to the nation below: My Fellow South Africans, I address you this evening on a matter that concerns the security of our country, the integrity of our law enforcement agencies and the safety of our people. Last Sunday, the 6th of July 2025, Lt Gen Nhlanhla Mkhwanazi, the KwaZulu-Natal Provincial Commissioner of the South African Police Service, held a media briefing in which he made public serious allegations about the existence and operation of a sophisticated criminal syndicate that has allegedly infiltrated law enforcement and intelligence structures in South Africa. Lt Gen Mkhwanazi alleged that the Minister of Police allegedly interfered with sensitive police investigations and colluded with business people, including a murder accused, to disband the Political Killings Task Team based in KwaZulu-Natal. Lt Gen Mkhwanazi also said that a police investigation by the task team in Gauteng unmasked a syndicate controlled by a drug cartel, which involves politicians, law enforcement officials from the SAPS, metro police and correctional services, prosecutors and the judiciary, as well as business people. The allegations made in this media briefing raise serious concerns around the constitution, the rule of law and national security. These allegations, if proven true, threaten to undermine the confidence of South Africans in the ability of the South African Police Service to protect them and to effectively fight crime and corruption. South Africans are concerned about corruption and the rise of criminality in our country, which manifests itself in the killing of innocent people, gender-based violence, gang violence, kidnappings, construction mafia criminality and many others. As we intensify the fight against crime, it is vital that we safeguard the integrity and credibility of the police and other law enforcement agencies. These allegations therefore call for an urgent and comprehensive investigation. To address these allegations and the implications of these allegations, I am establishing a judicial commission of inquiry chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga. Justice Madlanga will be assisted by Advocate Sesi Baloyi SC and Advocate Sandile Khumalo SC. The Commission will investigate allegations relating to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates. Among the allegations that the Commission may investigate are the facilitation of organised crime; suppression or manipulation of investigations; inducement into criminal actions by law enforcement leadership; commission of any other criminal offences and intimidation, victimisation or targeted removal of whistleblowers or officials resisting criminal influence. The Commission will investigate the role of current or former senior officials in certain institutions who may have aided or abetted the alleged criminal activity; failed to act on credible intelligence or internal warnings; or benefited financially or politically from a syndicate's operations. These institutions are the South African Police Service, National Prosecuting Authority, State Security Agency, the Judiciary and Magistracy, and the metropolitan police departments of Johannesburg, Ekurhuleni and Tshwane. The Commission will also investigate whether any members of the National Executive responsible for the criminal justice system, were complicit, aided and abetted, or participated in the acts mentioned above. The Commission will be asked to report on the effectiveness or failure of oversight mechanisms, and the adequacy of current legislation, policies and institutional arrangements in preventing such infiltration. It will make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform. Once established, the Commission shall consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies. Where appropriate, the Commission must make recommendations on the employment status of such officials, including whether they should be suspended pending the outcome of further investigations. The Commission will have the power to refer matters for immediate criminal investigation an urgent decisions on prosecution, taking into account the nature of the allegations and evidence the Commission will uncover. It is critical that these matters be attended to with the necessary urgency and thoroughness. The Commission is expected to complete its work and submit a final report to the President. Interim reports are expected after 3 and 6 months respectively. The final report of the Commission will be sent to the Speaker of the National Assembly and the Chief Justice. Acting Deputy Chief Justice Madlanga is retiring from the Constitutional Court at the end of July 2025 after years of distinguished service, and will therefore be able to give his full time and attention to the work of this commission. In order for the Commission to execute its functions effectively, I have decided to put the Minister of Police Mr Senzo Mchunu on a leave of absence with immediate effect. The Minister has undertaken to give his full cooperation to the Commission to enable it to do its work. I have decided to appoint Professor Firoz Cachalia as acting Minister of Police. Professor Cachalia is currently a professor of law at the University of the Witwatersrand and is the chairperson of the National Anti-Corruption Advisory Council. He previously served as an MEC of Community Safety in Gauteng. I am appointing Prof Cachalia in terms of Section 91(3)(c) of the Constitution, which empowers the President to select no more than two Ministers from outside the National Assembly. Professor Cachalia will be retiring from his current position at the University of Witwatersrand at the end of July. I will appoint an acting minister from within Cabinet until Professor Cachalia takes up his post at the beginning of August. This Commission is being established against the backdrop of significant progress in rebuilding and strengthening our country's law enforcement agencies and security services. In recent years, the South African Police Service, the Special Investigating Unit, the Asset Forfeiture Unit and other bodies have been making important inroads in the fight against organised crime and corruption. It is essential that we maintain this momentum and that we intensify this work. We will ensure that the SAPS and other law enforcement agencies continue to function without hindrance as the commission undertakes its work. I call on all members of our law enforcement agencies and security services to remain steadfast in upholding the rule of law and adhering to their code of conduct. I call on all South Africans to support the commission in its work and, where appropriate, to provide any information or assistance the commission may require. In establishing this Commission of Inquiry, we are affirming our commitment to the rule of law, to transparency and accountability, and to building a South Africa in which all people are safe and secure. I thank you.
Zawya
29-05-2025
- General
- Zawya
President Cyril Ramaphosa establishes a Commission of Inquiry into delay in investigation and prosecution of Truth and Reconciliation Commission (TRC) cases
President Cyril Ramaphosa has signed a proclamation for the establishment of a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes. The commission will be chaired by retired Constitutional Court Judge Sisi Khampepe. She will be assisted by retired Northern Cape Judge President Frans Diale Kgomo and Adv Andrea Gabriel SC. The establishment of the commission of inquiry is part of an agreement reached in settlement discussions in a court application brought by families of victims of apartheid-era crimes. President Ramaphosa said: 'For many years, there have been allegations of interference in these cases. This alleged interference is seen as the cause of an unacceptable delay in the investigation and prosecution of brutal crimes committed under apartheid. This has caused the families of victims great anguish and frustration. 'All affected families – and indeed all South Africans – deserve closure and justice. A commission of inquiry with broad and comprehensive terms of reference is an opportunity to establish the truth and provide guidance on any further action that needs to be taken.' The Commission must inquire into, make findings, report on and make recommendations on: - whether, why, to what extent and by whom attempts were made to influence members of the South African Police Service or National Prosecuting Authority not to investigate or prosecute cases identified by the Truth and Reconciliation Commission; - whether any members of the SAPS or the NPA improperly colluded with such attempts to influence or pressure them; - whether any action should be taken by an Organ of State, including possible further investigations or prosecutions, of persons who may have acted unlawfully; - whether the payment of any amount in constitutional damages to any person is appropriate. The commission will cover the period from 2003 to the present. Interested parties include victims or families of victims in TRC cases who have a substantial interest in these matters, including parties in the current application proceedings against the President and government. The commission will be expected to complete its work within six months from the date of this proclamation and submit its report within 60 days after the completion of its work. While the families of victims and government have agreed to the establishment of the Commission of Inquiry, we were not able to reach a settlement on other matters in the application. Government believes that these matters will be addressed through the commission of inquiry while the families want the matters to be determined by a court. The President respects the decision of the families to seek a court order on the violation of their rights and constitutional damages through the courts. However, government is seeking a stay of application on these outstanding matters pending the conclusion and outcomes of the commission of inquiry. 'As the commission undertakes this important task, we welcome the firm commitment by the NPA and the South African Police Service to investigate and, where appropriate, to prosecute the outstanding TRC cases. In recent years, the NPA has reopened and pursued priority cases. It has assigned dedicated resources to ensure these cases are dealt with effectively. 'As this government, we are determined that those individuals responsible for apartheid crimes and who were not granted amnesty by the TRC be held to account. 'This commission of inquiry is an opportunity to draw a line under a painful period in our country's history. It is an opportunity to establish the truth and take steps, to the extent possible, to put right what may have gone wrong. 'I thank the Commission chairperson and two assistants for agreeing to take on this responsibility and wish them well in their work,' President Ramaphosa said. Distributed by APO Group on behalf of The Presidency of the Republic of South Africa.
