President Cyril Ramaphosa has placed minister of police Senzo Mchunu on special leave, replacing him with Prof Firoz Cachalia, who will take up the post in August.
Ramaphosa also announced that he has established a judicial commission of inquiry chaired by acting deputy chief justice Mbuyiseli Madlanga to investigate allegations relating to the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates.
He said the commission is expected to complete its work and submit a final report to the president, adding that interim reports are expected after three and six months, respectively.
The commission's final report will be sent to the speaker of the National Assembly and the chief justice, he said.
This comes after KwaZulu-Natal police commissioner Nhlanhla Mkwanazi shocked the country when he revealed cracks in the highest levels of the police, where rival factions are fighting for control of the crime intelligence division.
Ramaphosa said Mkwanazi’s media briefing raised serious concerns around the constitution, the rule of law and national security.
He said the 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.
Mkhwanazi alleged that a police investigation by the task team that was operating in Gauteng unmasked a syndicate controlled by a drug cartel, which involves politicians, law enforcement officials from the SAPS, Metro Police, Correctional Services, prosecutors and the judiciary, as well as business people.
Justice Madlanga’s commission will be assisted by advocates Sesi Baloyi SC and Sandile Khumalo SC.
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 whistle-blowers or officials resisting criminal influence.
Ramaphosa said the commission will investigate the role of current or former senior officials in certain institutions who may have aided or abetted the alleged criminal activity; failed to act on credible intelligence or internal warnings; or benefited financially or politically from a syndicate's operations.
These institutions are the SAPS, National Prosecuting Authority, State Security Agency, the judiciary and magistracy, and the metropolitan police departments of Johannesburg, Ekurhuleni and Tshwane.
He said 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 also be asked to report on the effectiveness or failure of oversight mechanisms, and the adequacy of current legislation, policies and institutional arrangements in preventing such infiltration.
“It will make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform. Once established, the commission shall consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies,” he said.
He said where appropriate, the commission must make recommendations on the employment status of such officials, including whether they should be suspended pending the outcome of further investigations.
“The commission will 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. It is critical that these matters be attended to with the necessary urgency and thoroughness,” he said.
The commission is expected to complete its work and submit a final report to the president.
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