This as the department grapples with the circumstances leading to the delay in the commencement of the Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System – known as the Madlanga Commission.

The Minister made the announcement during a media briefing on Tuesday afternoon.

She explained that she was notified on Friday that the commission would not be able to commence hearings on 1 September as previously announced due to delays on the side of the department.

“It was clear at the end of the day that it is practically impossible to intervene in procurement process without compromising what is required by law as compliance with PFMA and SCM policies.

“I immediately reported the situation to…President [Cyril Ramaphosa] who was travelling…[and] we immediately agreed that I will do a full report to him which was done by Friday.

“In the process, the President then delegated to the Minister of Justice…powers to institute disciplinary proceedings against the [DG] and this decision has been communicated to him this afternoon,” Kubayi said.

The department’s ICT Deputy Director General (DDG), Jabu Hlatshwayo, has also been placed on immediate suspension pending an investigation and disciplinary process.

“This is because of the failures and lapses on the system and also not being able to do due diligence in ensuring that the commission starts on time,” she added.

Ploughing ahead

Kubayi emphasised that despite these delays, the commission “has commenced with preliminary work that includes interaction with their witnesses”.

“We remain committed to ensuring that the commission begins its work without further delays and to strengthening the operational efficiencies of the department to prevent similar setbacks in the future,” Kubayi said.

During the question-and-answer session, the Minister expressed disappointment that the commission would not begin hearings as previously announced.

“I am disappointed like many South Africans. If you remember, General Mkhwanazi made reference even to prosecutors. What we are looking for, including myself as the Minister, is to look at rebuilding the brand of NPA [National Prosecuting Authority] for example and also building confidence in the JCPS [Justice, Crime Prevention and Security Cluster].

“If this [commission] is not done and concluded in time, it will continue to have a cloud over our heads and it will also impede on our work. It can act as demoralising for the men and women who are committed in the [cluster] to work effectively.

“The President is committed and that’s why he…asked us to go public and explain in the most transparent and accountable manner to say what has led to where we are and the consequences. [We are] rebuilding public confidence in our work,” Kubayi said.

A look back

The establishment of the commission – chaired by retired Constitutional Court Justice Mbuyiseli Madlanga – was announced by President Ramaphosa following allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.

Mkhwanazi made several allegations about an alleged criminal syndicate that has spread influence into law enforcement, the NPA and intelligence services.

Mkhwanazi also made allegations against the Police Minister – alleging that Mchunu colluded with criminal elements to disband the Political Killings Task Team based in KwaZulu-Natal.

Mchunu has since been placed on leave of absence with Professor Firoz Cachalia sworn in as Police Minister earlier this month.

The commission’s hearings will be held at the Brigitte Mabandla Justice College starting at a date to be announced by the commission.

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In a statement, the Speaker reaffirmed her “unequivocal confidence” in the professionalism, competence and integrity of Parliament’s legal advisers. She stressed that the legal services unit is made up of highly qualified, admitted legal practitioners governed by the Legal Practice Act and accountable to the Legal Practice Council.

“Parliament is privileged to be served by one of the most experienced and competent legal teams in the country,” Ms Didiza said. “Over many years, their drafting services and legal advice have withstood the most rigorous legal and constitutional scrutiny, consistently guiding the institution with credibility and authority.”

The Speaker noted that while Members of Parliament may not always agree with legal opinions, those views are grounded in sound legal reasoning and provided to ensure committees and Parliament operate within the framework of the Constitution and the law.

She emphasised the importance of distinguishing between debating the merits of legal advice and making personal attacks on the integrity of those who deliver it. “To cast aspersions on officers of the court for the manner in which they provide their considered advice is not only unfair and unjust to the individuals concerned, but also poses a serious risk to the credibility of Parliament and the integrity of its processes,” she warned.

The Speaker acknowledged suggestions that external legal counsel could be engaged to lead evidence before the Ad Hoc Committee. However, she insisted that Parliament’s internal legal services continue to provide expertise “of the highest standard”.

“Even if external advisers were engaged, they too would be entitled to the same respect and decorum expected towards the highly qualified legal team that currently serves the institution,” she added.

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Following a nine-hour meeting, the Chairperson of the committee, Mr Molapi Soviet Lekganyane, said that the final version of the ToR with agreed amendments will be sent to members within the next two days. This will enable them to review the document before its formal adoption.

Among the items agreed for inclusion in the ToR is that Lieutenant General Mkhwanazi will be the first person to appear before the committee. The committee further agreed that it will procure external legal support and delegated Parliament’s Constitutional and Legal Services to start the process to procure such services.

The committee agreed that witnesses will be required to submit sworn written statements. Other matters agreed to include access to information and protecting whistleblowers, which must be done within the relevant legal provisions.

Mr Lekganyane said the committee will adopt the ToR in its next meeting and is also expected to discuss its draft programme. The committee is expected to conclude its work by 31 October 2025.

Documents for the committee can be found on: https://www.parliament.gov.za/ad-hoc-committee-gen-mkhwanazis-allegations

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This according to Commission Chairperson, Acting Deputy Chief Justice Mbuyiseli Madlanga, who briefed the media on Monday afternoon.

The commission was established by President Cyril Ramaphosa following serious allegations made by KwaZulu-Natal Police Commissioner, Lieutenant General Nhlanhla Mkhwanazi.

The Provincial Commissioner made several allegations about an alleged criminal syndicate that has spread into law enforcement and intelligence services, as well as allegations implicating the judiciary, prosecutors, politicians and now suspended Police Minister Senzo Mchunu.

“We can assure South Africans that the work of the commission has commenced in earnest. To be specific, our first consultation with a witness is imminent.

“That consultation will help inform what further information the commission must follow up on,” he said.

He added that the commission is mindful that the public is “eager to see the first witness in the witness stand”.

“We too are eager to see that happen and are acting with the necessary expedition to see it happen.

“That said, the fact that Lieutenant General… Mkhwanazi made the allegations does not make us ready to start hearing evidence immediately. There must be consultation and assessment of the information we gather and a follow up for buttressing the information we’ve gathered, should that be necessary,” Madlanga said.

This, he added, could include further consultations.

“We assure South Africans that we are treating the matter with the urgency that it deserves and that the commission hearings will commence as soon as the necessary initial steps to bring us to that stage have been finalised.

“We anticipate that that will be during August 2025,” he said.

Madlanga said the entities and persons under scrutiny are the SA Police Service, metro police in Gauteng, the National Prosecuting Authority, the State Security Agency, the judiciary, Correctional Services, any other institution in the criminal justice system and any member of the executive responsible for the criminal justice system.

“These entities and persons are to be investigated in relation to infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates.

“By the end of the first three-month period, we want to be in a position to submit an interim report, which, if the evidence will have shown as much, will make recommendations regarding concrete action that needs to be taken,” he said.

Securing premises

The process to secure a building for the commission, is underway as well as other infrastructure requirements.

“The public will be advised of the premises and online facilities where they can lodge information as soon as this question of procurement has been finalised. What we can say at this stage is that the commission hearings will be in Gauteng. We are doing our best to ensure that the procurement side is resolved with expedition.

“The lack of infrastructure does not affect the progress of the work of the commission. We are proceeding with the commission’s preparatory work full steam ahead,” Madlanga said.

Furthermore, appointments of professionals, who will assist the commission, have been made.

Justice Madlanga will be assisted by Advocate Sesi Baloyi SC and Advocate Sandile Khumalo SC.

Other team members include:

• Commission Secretary: Dr Nolitha Vukuza.
• Chief Evidence Leader: Advocate Terry Motau SC.
• Chief Investigator: Dr Peter Goss.
• Spokesperson: Jeremy Michaels.

Evidence Leaders

• Advocate Matthew Chaskalson SC.
• Advocate Mahlape Sello SC.
• Advocate Adila Hassim SC.
• Advocate Lee Segeels-Ncube.
• Advocate Ofentse Motlhasedi.
• Advocate Thabang Pooe.

“Regarding the timeline, we will conduct our work with the timeline in mind. Should the need arise for an extension, that is something we will address at the right time,” he said.

The proceedings are expected to be streamed live and members of the public will be permitted to attend the proceedings in person.

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Addressing the media on Tuesday, Masemola confirmed the arrest of Crime Intelligence Divisional Commissioner Lieutenant General Khumalo and six other senior officers on 26 June. He revealed that all seven have since been reassigned within SAPS pending the outcome of internal disciplinary proceedings, in accordance with SAPS’s 2016 regulations.

“This is a pivotal moment,” Masemola said. “We will be judged by our resolve, our adherence to the law, and our unwavering commitment to service.”

Major General Makgato Appointed as Acting Crime Intelligence Head

In a critical announcement, Masemola introduced Major General Solomon Makgato as the acting head of Crime Intelligence. Makgato, the current head of the Hawks in the Western Cape, brings 36 years of experience in intelligence and investigations. He holds a BTech in Policing and a National Diploma in Police Administration.

“We have full confidence in Major General Makgato,” Masemola stated. “His leadership will enhance efficiency and maintain stability in crime intelligence.”

Masemola affirmed the central role of crime intelligence in SAPS strategy, emphasising its importance in tackling organised crime and allocating resources effectively.

Mkhwanazi’s Briefing “Within His Prerogative,” But Situation “Unprecedented”

Masemola also addressed the political firestorm ignited by KwaZulu-Natal Commissioner Lieutenant General Nhlanhla Mkhwanazi’s explosive briefing earlier this week. Mkhwanazi alleged widespread political interference in high-profile investigations, including the disbandment of the Political Killings Task Team and the illegal seizure of 121 active dockets.

When asked if he sanctioned the briefing, Masemola said Mkhwanazi had indicated his intention to update the public on the task team’s work. “Provincial commissioners have the prerogative to brief the media,” he said. However, Masemola admitted the current state of affairs is “unprecedented and concerning” and called for unity over division.

Masemola declined to confirm whether the Minister of Police directed the shutdown of the task team or was under investigation for interference. “These matters are subject to investigation. Let the space be given for proper processes to unfold,” he said.

He added that, contrary to Mkhwanazi’s suggestion, he had not signed any letter disbanding the unit. “I have not authorised any closure of the task team,” he stated.

Political Killings Task Team Status in Limbo

Masemola would not clarify the status of the task team beyond confirming that he had not issued an order to terminate it. However, he acknowledged that following the arrest of suspect Vusimuzi “Cat” Matlala, the reasons for interference with the team’s work had become apparent.

Pressed about the alleged removal of case dockets to SAPS headquarters, he avoided definitive answers and repeated that the matter should be left to investigators.

When asked whether he had engaged Mkhwanazi since the briefing, Masemola indicated that action would only be taken after discussions with the President, who is expected to return shortly. “Let’s engage with the President and then take matters forward,” he said.

Threats Against Mkhwanazi and Security Measures

In a striking admission, Masemola confirmed that Mkhwanazi has received threats to his life and that security has been “beefed up” accordingly. “There will be no persecution from my side,” he assured. “No SAPS member will be punished for doing their job.”

Public Trust in the Balance

Masemola closed the briefing with a plea for unity, stating “this is a time not to divide, but to stand together and fight crime together.”

His remarks come as Parliament, civil society and political parties continue to press for an independent investigation into the systemic failures within SAPS leadership. Portfolio Committee Chairperson Ian Cameron previously warned that “criminal syndicates are rejoicing” as SAPS leadership turns on itself.

As internal investigations begin and the President prepares to meet with police leadership, the SAPS faces a credibility crisis that could reshape its future.

This remains a developing story.

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In a detailed follow-up to his explosive 6 July briefing, Mkhwanazi described how a politically connected civilian, Brown Mogotsi, began sending him confidential SAPS documents and unsolicited messages, including crime scene reports and internal briefings. The commissioner confirmed that Mogotsi had claimed close links to Police Minister Senzo Mchunu, a claim later corroborated by the minister’s chief of staff.

“What concerned me most was how a civilian had access to an unsigned operational report, an official OB (occurrence book) entry, and sensitive internal presentations from crime intelligence,” said Mkhwanazi. “That alone raised serious red flags.”

According to Mkhwanazi, the interference escalated when he was appointed as presiding officer in a misconduct hearing involving senior SAPS official General Khan. After Mkhwanazi cleared Khan of wrongdoing, the Independent Police Investigative Directorate (IPID) reportedly initiated an investigation based on similar complaints, allegedly without providing new evidence.

Mkhwanazi believes the investigation into Khan and himself may have been retaliatory, driven by unnamed parties within IPID and others linked to national leadership. “If they want to come for me, let them. But I will not be silenced,” he said.

He also confirmed that the controversial disbandment of the Political Killings Task Team was ordered while National Commissioner Masemola was on leave, further fuelling his suspicion that the move was orchestrated to protect politically connected suspects. “Someone whispered to the minister to sign that letter,” Mkhwanazi said. “And they timed it perfectly.”

Ian Cameron: “We Need to Tear This Out by the Roots”

In Parliament on Monday, Portfolio Committee on Police Chairperson Ian Cameron delivered a searing speech following Mkhwanazi’s revelations, calling the situation a national emergency and demanding immediate intervention from President Cyril Ramaphosa.

“This is not just about a few corrupt individuals. It is a systematic weakening of SAPS that enables criminal syndicates to operate with impunity,” Cameron told MPs. “If the commissioner’s allegations are true, they explain why the state has failed to combat violent crime. The police service has been hollowed out from within.”

Cameron announced that the committee had already written to the Speaker of the National Assembly requesting an urgent debate and public inquiry into the allegations. He called for:

• An independent ad hoc commission to investigate the 121 dockets withdrawn from the task team

• A full lifestyle and skills audit of all SAPS senior officers, starting with crime intelligence

• External vetting of appointments to prevent unqualified individuals from being promoted

• Proper funding and autonomy for IPID to pursue corruption cases free from political interference

Cameron cited previous reports showing that over 5,000 SAPS members had been arrested since 2019, with 4,000 still employed by the service. He called this a symptom of failed leadership and a culture of impunity.

“Criminals are wearing uniforms and returning to work as if nothing happened,” he said. “The public cannot trust a police service that protects its own before protecting the people.”

He singled out the case of Vusimuzi “Cat” Matlala, the businessman at the centre of the SAPS corruption allegations, accusing the Private Security Industry Regulatory Authority (PSIRA) of failing to act on red flags. “Firearms were seized at an unlicensed location and then returned. That tells you everything about how accountability is sidestepped.”

High-Stakes Standoff

Mkhwanazi’s position has drawn both support and backlash. While civil society organisations and some lawmakers have praised his transparency, elements within SAPS leadership have accused him of breaching protocol and undermining national unity.

Nevertheless, Mkhwanazi remains resolute. “If I have painted a target on my back, so be it. I will not allow the work of my team to be destroyed from behind closed doors,” he said.

He added that the Political Killings Task Team had been working on politically sensitive murder cases in Gauteng that appeared to be covered up or intentionally stalled, and that the withdrawal of dockets coincided with these investigations advancing.

“The moment they realised we were getting close to something, the pressure came. That’s not a coincidence,” he said.

Ramaphosa’s Response Awaited

Although President Ramaphosa has pledged to prioritise the matter upon his return from the BRICS summit, MPs are calling for more than just assurances.

“The President must act decisively,” Cameron insisted. “He must not just protect the integrity of SAPS, but restore it. And that starts with facing these allegations head-on.”

For now, the SAPS leadership remains deeply divided, the task team’s future uncertain, and South Africa’s fight against corruption in its security services teetering on a knife’s edge.

This remains a developing story.

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Addressing 3000 commissioned officers in Durban on Tuesday, KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi said police officers must never align themselves with politics.

“We are a few weeks away from 29 May 2024, the Election Day in the Republic of South Africa. With that in mind, we took the opportunity to address police officers about the expectations from the people of this province and the country at large. As police officers we have a mandate to create a safe and secure environment for the inhabitants of this country.”

“We have to deliver on that mandate even during the election period. Police officers must be apolitical and neutral at all times. Police officers must and will treat all political parties equally and without favouritism,” he said.

As police officers, we serve South Africans through the government of the day. If the political landscape changes after the 29 May, there will still be the South African Police Service, and police officers will serve in that administration as if nothing has changed.

Lieutenant General Nhlanhla Mkhwanazi

Mkhwanazi said police officers cannot campaign for any political party, or be seen to be an active member of any political party.

“The participation of police officers in the politics of the country is when they go to cast their votes for their preferred political party or independent candidates.”

“Just like all South Africans, police officers do have the right to vote, but other than that, their responsibility remains that of ensuring that whoever wants to go and vote do so in a safe and secure environment.”

He said officers are duty-bound to prevent, combat and investigate crime and not participate in active politics.

“Police officers who want to be politicians are more than welcomed to surrender the blue uniform of authority and wear a coloured t-shirt of their choice. You just cannot be a police officer and a politician at the same time. One of those interests must fall.”

“We have had incidents during the local government elections where some police officers were found to have campaigned to become councillors whilst still in the employ of the South African Police Service.”

“That oversight will never happen again and should it happen, proportional disciplinary steps will be taken expeditiously,” said Mkhwanazi.

He said the SAPS in KwaZulu-Natal was ready to police in the electioneering period.

“Our operational plans at all levels are already in motion and so far the province is stable.  We are not going to talk definite numbers of deployment for operational reasons, but over 17000 police officers in the province, with the personnel capacitation from the national head office will be on the ground maintaining law and order, peace and stability.”

“We have policed elections in the past and we are prepared to execute our responsibilities during the 2024 elections.”

“KwaZulu-Natal seems to be a fertile hunting ground for political parties and we would like to assure residents of KwaZulu-Natal that police are out there to create peace of mind for them.”

“Our plea is for politicians to ensure that intra and inter-political differences do not escalate to the commission of crimes such as murders and other violent crimes. We have seen enough bloodshed due to intolerance in the political sphere,” said Mkhwanazi.

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