Relief for Mchunu as ad hoc committee exonerates him criminally

Parliament’s ad hoc committee investigating allegations made by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi has found no evidence of criminality against police minister Senzo Mchunu but concluded that serious governance and integrity concerns remain.

The committee continued deliberating on its draft report yesterday as MPs worked through proposed amendments ahead of a deadline to submit a final report to National Assembly speaker Thoko Didiza later this month.

The draft report concludes that Mchunu faces unresolved executive accountability and integrity concerns, particularly surrounding his directive of December 31 2024, to disband the political killings task team (PKTT), but said the evidence does not establish that he entered into a corrupt agreement or acted on the instruction of a criminal cartel.

But that does not necessarily mean Mchunu is in the clear. President Cyril Ramaphosa confirmed he is actively waiting for the outcomes of the Madlanga commission before making a final decision on the fate of Mchunu, who remains on special leave of absence. The commission is investigating political interference in police operations.

The Madlanga and parliamentary ad hoc inquiries into police corruption in SA are fundamentally critical because they represent the first major institutional attempt to dismantle high-level criminal syndicates and political interference that have deeply compromised law enforcement.

The parliamentary inquiry has, though, found serious unresolved issues relating to suspended deputy national police commissioner Lt-Gen Shadrack Sibiya, including his handling of 121 case dockets and implementation of Mchunu’s directive, but concludes that the evidence does not prove he acted on behalf of businessman Vusimusi “Cat” Matlala, Brown Mogotsi or an organised crime network.

The committee also made no findings of criminal conduct against Investigating Directorate Against Corruption (Idac) head Andrea Johnson.

Rather than substantiating claims of a coordinated criminal conspiracy, the report concludes that the evidence points to systemic institutional weaknesses that have left law enforcement vulnerable to abuse and external influence.

It identifies deficiencies in the governance of specialised police units, weaknesses in the process used to dissolve the PKTT, shortcomings in docket management and case continuity, and significant structural and integrity concerns within crime intelligence.

The report also highlights irregularities in the Medicare24 procurement process, weaknesses in oversight and disciplinary systems, inadequate protection for whistleblowers and witnesses, and shortcomings in parliamentary oversight and civilian accountability.

While acknowledging serious vulnerabilities to organised crime across the criminal justice system, the committee concludes that the evidence does not establish the existence of a single criminal network exercising control over multiple state institutions.

Likewise, although it identifies integrity risks affecting institutions including the NPA, the judiciary and Idac, it does not conclude that any of them have been captured by organised crime.

The draft report remains subject to further amendments after MPs from several parties argued that key findings and recommendations had been weakened.

Once finalised and adopted, the report will be submitted to Didiza, who is expected to table it before the National Assembly for consideration together with any recommendations for further investigations or action.

It seems the report would not get support from some of the opposition parties. ActionSA MP and member of the ad hoc committee, Dereleen James, said her party would not support the adoption of the report. “The draft report does not reflect the evidence before the committee,” she said.

“ActionSA’s position is that the draft report has been materially watered down. It softens, qualifies or omits findings that the evidence plainly supports, and in several respects it reads as a summary of proceedings rather than a determination on the facts placed before the committee,” she wrote on her social media page.

Business Day