Six months to complete Madlanga Commission? Not long enough, says top lawyer
Acting Deputy Chief Justice Mbuyiseli Madlanga will chair the commission, which is expected to begin in August.
- Madlanga Commission of Inquiry
- South African Police Service (SAPS)
- KZN police commissioner Nhlanhla Mkhwanazi
Picture: @SAPoliceService/X
702's Bongani Bingwa is joined by Advocate Paul Pretorius, senior counsel at the Johannesburg Bar.
Listen below:
They say the devil is in the details... and the details of how the Madlanga Commission of Inquiry seeks to investigate claims of corruption in the police service have been released.
President Cyril Ramaphosa on Thursday set the terms of reference for the inquiry into criminality, political interference, and corruption in the criminal justice system.
Acting Deputy Chief Justice Mbuyiseli Madlanga will chair the commission, which is expected to begin in August.
The Madlanga Commission will investigate the explosive allegations of corruption and collusion made public by KwaZulu-Natal Police Commissioner, Nhlanhla Mkhwanazi, earlier this month.
It will probe whether criminal syndicates infiltrated or exerted undue influence over at least eight state organs.
This includes, but is not limited to, the South African Police Service (SAPS), all Gauteng metro police departments, the National Prosecuting Authority (NPA), the judiciary, Correctional Services, and the State Security Agency.
"That is a huge range of State institutions that must now be examined in detail."
- Advocate Paul Pretorius, Senior Counsel - Johannesburg Bar
"Read literally, the commission can only investigate the undue influence of criminal syndicates over particular institutions."
- Advocate Paul Pretorius, Senior Counsel - Johannesburg Bar
Pretorius says this is putting the cart before the horse - adding that all corruption must be fully investigated before you can find out whether there are criminal syndicates.
"The problem is - and we learned this in the Zondo Commission - unless you examine corruption in its totality in each instance, only then will you find out whether there has been undue influence."
- Advocate Paul Pretorius, Senior Counsel - Johannesburg Bar
The commission will file two reports to Ramaphosa, one after three months and the second after six months, which will include recommendations that can be immediately actioned.
Pretorius says that's not enough time.
"Six months? No, the job is too vast."
- Advocate Paul Pretorius, Senior Counsel - Johannesburg Bar
The commission will have the power to summon witnesses and compel the production of documents, conduct search and seizure operations subject to applicable law, and refer matters for immediate criminal investigation and urgent decisions on prosecution.
The commission’s final report will be sent to the Speaker of the National Assembly and the Chief Justice.
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