By Lehlohonolo Lehana.
President Cyril Ramaphosa has accepted the interim report of the Madlanga Commission of Inquiry, endorsing its recommendations and referrals for immediate criminal investigation.
Ramaphosa established the inquiry on July 13 following allegations by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.
Mkhwanazi claimed a criminal syndicate had infiltrated law enforcement and justice institutions, compromising investigations, prosecutions, and internal accountability.
The commission is chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, assisted by Advocates Sesi Baloyi SC and Sandile Khumalo SC.
The President has now confirmed he has studied the report in full and accepted its recommendations.
The Presidency on Thursday said Ramaphosa had studied the interim report and “accepts its recommendations”, including referrals for immediate criminal investigations, urgent prosecutorial decisions and recommendations regarding the suspension and employment status of implicated individuals.
“President Ramaphosa further welcomes the referrals by the commission of matters for immediate criminal investigation and urgent decisions on prosecution, as well as recommendations on the employment status and recommended suspension of individuals,” it said.
The commission, under its terms of reference, is empowered to consider prima facie evidence of wrongdoing, recommend suspensions pending further investigation, and refer matters for criminal investigation and prosecution.
Most importantly, the commission found prima facie evidence of wrongdoing relating to nine current and former employees of the Ekurhuleni Metropolitan Municipality (EMM) and the Ekurhuleni Metro Police Department (EMPD).
Those listed are:
Suspended EMPD chief of police commissioner Julius Mkhwanazi, EMPD officer Bafana Twala,EMPD officer Aiden McKenzie, EMPD officer Kershia Leigh Stols, Former EMM city manager Dr Imogen Mashazi, EEM fleet manager and proxy Chris Steyn, EEM head of human resources Linda Gxasheka,EEM head of legal, Advocate Kemi Behari and Etienne van der Walt.
Saps members also referred
The commission also made referrals involving five Saps officials: Major General Lesetja Senona,Major General Richard Shibiri, Brigadier Mbangwa Nkhwashu, Brigadier Rachel Matjeng and Sergeant Fannie Nkosi.
Ramaphosa has instructed Acting Police Minister Firoz Cachalia to establish a dedicated police unit to investigate claims implicating the five individuals.
In line with its mandate, the commission invoked powers under its terms of reference to recommend suspensions and referrals.
Clause 7 authorises recommendations on the employment status of officials implicated on a prima facie basis, while Clauses 10.4 and 12 empower the Commission to refer matters for immediate investigation and prosecution.
However, in a statement by the Presidency, implicated people including the suspended Police Minister, Senzo Mchunu, suspended deputy police commissioner, Shadrack Sibiya, Mchunu’s chief of staff, Cedric Nkabinde, Tommy Mthombeni and Brown Mogotsi are not on the list of those who should face criminal charges.