OPINION | The real test of commission of inquiry into SAPS will be how firmly Ramaphosa acts on its findings

'The rule of law must not bend to pressure, but respond to truth.'

President Cyril Ramaphosa
President Cyril Ramaphosa (GCIS)

SA is a country on the edge – of truth, of moral reckoning, and of a critical turning point in governance. Amid widespread corruption, political killings, public distrust, and the slow erosion of the criminal justice system, the public cry for accountability has grown louder and more desperate.

But with every cry, there arises a deeper question: how should accountability be pursued in a constitutional democracy without surrendering to mob justice?

In the recent storm surrounding allegations against minister of police Senzo Mchunu, there has been no shortage of public anger and demands for his immediate dismissal. Some voices, justifiably frustrated by the sluggish pace of justice, have even called for the minister’s head on a platter.

And yet, in the face of immense pressure, President Cyril Ramaphosa did not fire the minister. Instead, he made the more responsible – and constitutionally sound decision: to appoint a commission of inquiry to investigate the allegations.

This move may not have satisfied the public hunger for swift action, but it represents something far more important: a commitment to process over populism, due process over emotional justice, and democratic principle over political expediency.

An uncomfortable truth is that many South Africans wanted Mchunu gone. And this desire is not born of ignorance or malice. It comes from lived experiences of police inefficiency, political violence, corrupt deployments, uninvestigated assassinations, and a perception that the police ministry has become a tool of political manipulation rather than a shield of justice.

Indeed, in a normal democracy, a minister facing serious allegations of wrongdoing would be expected to step aside – at least temporarily.

However, in a constitutional democracy, even the worst-sounding allegation is not enough to justify dismissal without due process.

The president is not a monarch, he is bound by law and institutional frameworks. If ministers are fired merely on the basis of allegations, we enter a dangerous political space where allegations become tools of factional battles and due process is sacrificed at the altar of convenience.

Ramaphosa's decision to establish a commission of inquiry was not a sign of weakness – it was an act of leadership grounded in legal and constitutional maturity. The commission is not only a fact-finding instrument, it is a shield against arbitrary action. It allows for independent, professional investigation into whether there is substance behind the smoke.

A commission does not replace criminal prosecution – it complements it by revealing systemic failures, institutional complicity, and personal culpability through a transparent and public process. It operates in the open, where witnesses testify, documents are interrogated, and the public is kept informed.

To fire one minister in order to promote another – based on allegations, and not proven wrongdoing – would taint even the cleanest successor. It would reduce appointments to mere political calculations, not institutional strategy.

We must want Mchunu, or any future police minister, to be appointed under conditions of clarity and stability –not as a reactionary substitute to a storm of public outrage.

The crisis in the SA Police Service (SAPS) is not only about who the minister is. It is structural, historical, and deeply entrenched. From politicised appointments, union corruption, poor training, inadequate community policing, to the manipulation of crime intelligence – the rot goes far beyond the ministerial office.

Yes, the minister sets the tone. But until we overhaul the institutional culture of SAPS, dismissing one individual becomes symbolic rather than transformative.

The commission of inquiry has the potential to address the allegations against Mchunu, uncover systemic decay and recommend broader reforms.

Ramaphosa is often accused of being cautious to the point of indecision. But in this instance, caution is not cowardice. It is constitutional integrity.

Had he fired Mchunu without due process, he would have delighted the critics momentarily, but undermined the very legal architecture that protects all South Africans from arbitrary power.

The challenge of leadership is not to act for immediate applause, but for long-term principles. The rule of law must protect both the innocent and the accused. It must not bend to pressure, but respond to truth.

The real test of the commission will be in how seriously the process is conducted, how fearless the commissioners are, how transparent the findings become, and how firmly the president acts once the findings are tabled.

If the commission reveals gross misconduct, the minister must go. If it reveals criminal acts, prosecution must follow. If it reveals systemic failure, we must reform SAPS from top to bottom. Anything less will render the process a performance.

But until then, let us resist the temptation of emotional justice. Let us not punish on the basis of suspicion. Let us not fire ministers to satisfy political appetites, no matter how justified they may feel. Let the law guide us. Let the facts lead us. Let the truth – whatever it is – set us free.

 

  • Ncayiyana is an ANC member in ward 32 KZN


Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Comment icon