TEBOGO KHAAS | Madlanga, ad hoc committee prove policing is under severe moral and institutional strain

Allegations raised by the SAPS KwaZulu-Natal commissioner Lt-Gen Nhlanhla Mkhwanazi in July last year precipitated two distinct investigative processes. (Freddy Mavunda)

Allegations raised by the SAPS KwaZulu-Natal commissioner Lt-Gen Nhlanhla Mkhwanazi in July last year precipitated two distinct investigative processes.

In response, President Cyril Ramaphosa established the Madlanga Commission of Inquiry, while Parliament constituted a parallel ad hoc committee to independently examine the serious and far-reaching allegations.

Across national, provincial, and municipal levels, the proceedings laid bare not merely allegations of misconduct, but deeper questions about judgment, accountability, and respect for constitutional norms. They revealed how power is exercised, how oversight is understood — or resisted — and how personal loyalties and institutional self-preservation can eclipse the public interest.

In this sense, the inquiries functioned less as a catalogue of individual claims and counterclaims, and more as an unvarnished mirror held up to the leadership of our policing architecture, exposing the values, or lack thereof, that shape decision-making at the very apex of law enforcement.

While Mkhwanazi had already secured the trust and adoration of an exasperated public following his tectonic media briefing, the subsequent proceedings shifted the spotlight decisively onto the broader law-enforcement leadership.

In doing so, they effectively exposed their professional conduct, ethical posture, and constitutional loyalties for open inspection. What unfolded was not merely testimony, but an inadvertent audit of character: a rare moment in which the custodians of law and order were required to answer, without the comfort of closed doors, to the very society they are sworn to serve.

Pressed by commission chairperson Justice Mbuyiseni Madlanga to explain his compliance with a directive from police minister Senzo Mchunu to disband the political killings task team, national commissioner Gen Fannie Masemola advanced a constitutional defence that, on its face, appeared internally contradictory.

He contended that the minister’s instruction to immediately dissolve the specialised unit amounted to a “total encroachment” on his operational independence and fell well outside the minister’s lawful remit, which is confined to the determination of national policing policy.

Yet, this principled position was articulated only after a guarded, and noticeably hesitant presentation. At first, Masemola appeared reluctant — if not timid — to assert his authority decisively in the face of clear ministerial interference. The impression conveyed was not one of a commissioner robustly defending institutional independence, but of a functionary cautiously navigating political power.

His admission that defying the minister’s manifestly irregular directive might have been “career limiting” further eroded his public standing. Far from eliciting sympathy, the remark reinforced a perception of compromised leadership, suggesting that self-preservation and career considerations had eclipsed constitutional duty.

In the court of public opinion, the moment crystallised a deeper unease: that the guardians of policing independence may be restrained less by law than by fear of political reprisal.

In the final analysis, Masemola came across as a self-assured commander of beleaguered force who wields soft power, a contrast to Mkhwanazi who doesn’t mince his words even if doing so carries risks.

But more importantly, Mkhwanazi and Masemola’s integrity couldn’t be impeached at either forum.

Regrettably, several of Masemola’s underlings performed poorly under scrutiny. In particular, Brig Lesiba Mokoena and Maj-Gen Patrick Mbotho did little to distinguish themselves. Their testimony, far from reinforcing confidence in the integrity and coherence of the SAPS leadership, instead raised further questions about credibility, and candour.

Mokoena’s evidence proved especially problematic. So material were the contradictions between his version of events and those of his colleagues that the commission has now found it necessary to recall him to provide clarity. Taken together, these episodes deepened the impression of an institution struggling with truthfulness at leadership level.

Meanwhile, with the testimony of the deeply implicated senior officers still outstanding, a stark ethical heat map of the criminal justice system is crystallising in the public consciousness — unfolding in real time.

Perhaps the most jarring ethical display was reserved for the head of the NPA’s Independent Directorate Against Corruption, Adv Andrea Johnson. Her evidence before the parliamentary forum was subjected to sustained, incisive challenge and was ultimately dismantled by crime intelligence head Dumisani Khumalo and others as untruthful.

Rather than bolstering confidence in the prosecutorial arm charged with confronting high-level corruption, her testimony raised serious questions about judgment, and ethical anchoring.

Each appearance, each contradiction, and each evasion further sharpens the contours of a system under severe moral and institutional strain.

What is emerging is not merely a sequence of individual testimonies, but a cumulative portrait of leadership conduct, ethical resilience, and institutional decay across the upper echelons of policing. The public, long deprived of transparency, is now actively calibrating trust and distrust as evidence is tested in open forum.

Ultimately, the burden will rest with the commission to make authoritative findings on credibility, integrity, and accountability — judgments that will carry profound consequences.

  • Khaas is chairperson of Public Interest SA


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