Inquiry into security cluster ‘corruption’ granted sweeping powers

As turmoil deepens over alleged corruption within the country’s security cluster, the President has granted the Madlanga Commission of Inquiry wide-ranging powers.

President Cyril Ramaphosa appointed Justice Mbuyiseli Madlanga to lead the commission set up to investigate explosive claims made by KwaZulu-Natal Police Commissioner, Nhlanhla Mkhwanazi.

The commission will probe several key law enforcement entities, including the South African Police Service (SAPS), the  National Prosecuting Authority (NPA), the State Security Agency (SSA) and metro police departments across Gauteng.

It is required to submit an interim report within three months of its establishment and a final report within six months.

According to the government gazette, each report must be submitted to the President and should include recommendations that can be immediately actioned based on the Commission’s work as at that date.

The authority granted to the Madlanga Commission includes:

• Summoning witnesses to testify under oath.
• Compelling the production of documents and records relevant to the investigation.
• Conducting search and seizure operations where necessary.
• Referring matters for immediate criminal investigation and prosecution.
• Holding hearings publicly or in private, at the discretion of the Chairperson.
• Making interim recommendations based on preliminary findings.
• Regulations may be made after consultation with the Chairperson of the Commission.
• The Commission shall ensure the protection of potential witnesses and witnesses.

The KZN police commissioner set the house on fire when he laid bare the alleged corruption within the police force.

Mkhwanazi’s allegations shook the foundations of government, accusing high-ranking officials, including embattled Police Minister, Senzo Mchunu, and Deputy National Police Commissioner, Shadrack Sibiya, of actively obstructing the fight against crime.

As South Africans closely monitor the developments, it’s been confirmed that proceedings may be held in public or behind closed doors, at the discretion of the Chairperson.

Research and advocacy officer at Judges Matter, Mbekezeli Benjamin, says while the commission has been given extensive authority, its timeline is tight.

“The commission have very wide power, but it is important to note that the commission itself is required to do a quick investigation, get some of the evidence underlying the allegations Mkhwanazi makes and make quick recommendations that can be practically implemented.”

He says the urgency is tied to the seriousness of the claims that implicate high-ranking officials across institutions within the country’s security cluster.

The Commission’s final report will be sent to the Speaker of the National Assembly and the Chief Justice.