President Cyril Ramaphosa has placed police minister Senzo Mchunu on a leave of absence with immediate effect.
He has also established a judicial commission of inquiry to probe allegations relating to criminals infiltrating law enforcement, intelligence, the judiciary system and associated institutions within the criminal justice system.
Addressing the nation last night, Ramaphosa said he has appointed Prof Firoz Cachalia from Wits University as acting minister of police. Cachalia is also the chairperson of the National Anti-Corruption Advisory Council.
Among the institutions the commission will zoom into include metro police departments in Gauteng's three metros — Johannesburg, Tshwane and Ekurhuleni — in which current or former senior officials will be probed on whether they may have aided or abetted an alleged criminal activity.
Ramaphosa said the commission will also probe whether these officials failed to act on credible intelligence or internal warnings or benefited financially or politically from a syndicate's operations.
He said the commission will be chaired by acting deputy chief justice Mbuyiseli Madlanga. Madlanga will be assisted by advocates Sesi Baloyi SC and Sandile Khumalo SC.
Ramaphosa's decision to establish an inquiry comes after allegations made by KwaZulu-Natal provincial commissioner Lt-Gen Nhlanhla Mkhwanazi last week, when he alleged Mchunu interfered with sensitive police investigations. He also accused him of protecting controversial businessman Vusimuzi “Cat” Matlala.
Mkhwanazi alleged that Mchunu had ties with people outside the police force — including Matlala and his associate Brown Mogotsi — who influenced his decisions.
Mkhwanazi also said a police investigation by the political task team in Gauteng unmasked a syndicate controlled by a drug cartel, which involves politicians, law enforcement officials from the police, metro police and correctional services, prosecutors and the judiciary, as well as business people.
Mchunu has since denied any ties to Matlala, saying he has never met or spoken to him and has never requested anything from him.
“Furthermore, whilst the minister knows and has met Mr Brown Mogotsi, he is just a comrade and not an associate of the minister. The minister has never requested or received anything from him,” read Mchunu statement released last week.
Since the briefing, Mkhwanazi had garnered support from social media users who have raised more than R35,000 to buy him two bulls.
Yesterday, Sowetan sister publication Sunday Times reported that Mchunu had asked Ramaphosa to grant him special leave as calls grew for his immediate removal following the allegations.
The publication stated that government insiders indicated that Ramaphosa had received a report from the State Security Agency that warned of possible turmoil should he take any action against Mkhwanazi.
In addition, the publication reported that Mchunu promoted his spokesperson Kamogelo Mogotsi to the post from a humble civil service job and tripled her salary in the process in apparent defiance of advice from government HR and legal experts.
There have been suggestions that Brown Mogotsi and Kamogelo were related, but Kamogelo has denied this.
Ramaphosa said the allegations raised 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,” he said.
“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.”
He said 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 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 make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform.”
He said once established, the commission will consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies.
Where appropriate, he said the commission must make recommendations on the employment status of such officials, including whether they should be suspended pending the outcome of further investigations.
He said it would also have the power to refer matters for immediate criminal investigation and urgent decisions on prosecution, taking into account the nature of the allegations and evidence the commission will uncover.
Interim reports were expected after three and six months, respectively.
Shortly after Ramaphosa's address, Mchunu issued a statement, saying he welcomed the decision.
“Honour and integrity are the virtues I personally subscribe to and which we all need to make efforts to uphold. I stand ready to respond to the accusations against me and account to the citizens of the Republic, fully and honestly so,” he said.
Last week, National Assembly speaker Thoko Didiza asked the portfolio committees on police, justice and constitutional development and the joint standing committee on intelligence to look into allegations of interference made against Mchunu.
The same week, the SA Human Rights Commission called for a commission of inquiry into the allegations.
Chief Justice Mandisa Maya has also asked for evidence backing Mkhwanazi's allegations.
She cautioned against unsubstantiated allegations.
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