Ramaphosa orders special task team as Madlanga Commission refers 14 officials for criminal investigation

Key facts

• Nine current and former Ekurhuleni metro municipality workers and five police officers referred for criminal investigation.
• President Cyril Ramaphosa directed acting police minister Firoz Cachalia and national police commissioner Fannie Masemola to form a special investigations task team.
• Suspended Ekurhuleni metro police deputy chief Mkhwanazi accused of fitting blue lights to cars of alleged drug cartel member Vusimuzi 'Cat' Matlala.
• Three metro cops – Adrian McKenzie, Bafana Twala, Kesha-Lee Stals – accused of torturing and murdering a civilian and disposing of the body at a mine dump.
• Former municipal manager Mashazi accused of protecting Mkhwanazi from suspension and charges.
• Businessman Oupa Brown Mogotsi lodged a complaint against evidence leader Advocate Mathew Chaskalson SC for misconduct and alleged witness coercion.
• Justice Mbuyiseli Madlanga elected chancellor of Rhodes University after retiring from the Constitutional Court.
• KwaZulu-Natal Police Commissioner Lt-Gen Nhlanhla Mkhwanazi gave three days of explosive testimony before the commission.

Criminal referrals and a new task team

President Cyril Ramaphosa has ordered the creation of a special investigations task team after the Madlanga Commission referred 14 individuals for criminal investigation. The commission found prima facie evidence against nine current and former employees of the Ekurhuleni metro municipality and five police officers. Ramaphosa’s spokesperson Vincent Magwenya said the president welcomed the referrals and has directed acting police minister Prof Firoz Cachalia and national police commissioner Gen Fannie Masemola to constitute the task team, which will report directly to Masemola. The task team will investigate those identified by the commission. Senior researcher and policing expert Johan Burger called the move a step toward accountability. “I think this is a good development in holding those named and accused of wrongdoing accountable,” Burger said. “The task team will have to conduct a criminal investigation to help them to take [the matters] to court.”

The accused: from blue lights to murder

Among the implicated is suspended Ekurhuleni metro police deputy chief Mkhwanazi, accused of fitting blue lights to a fleet of cars belonging to alleged drug cartel member Vusimuzi “Cat” Matlala. He is also accused of covering up the murder of a civilian who was tortured during an investigation in April 2022. Three metro cops – Adrian McKenzie, Bafana Twala, and Kesha-Lee Stals – are accused of torturing and murdering a civilian during interrogation. They allegedly called Mkhwanazi, who advised them to dispose of the body at a mine dump. They were arrested and charged, but the case was withdrawn. The former Ekurhuleni municipal manager, Mashazi, is accused of protecting Mkhwanazi from suspension and criminal charges as recommended by the police watchdog. Linda Gxasheka, head of HR, and Kemi Behari, head of the city’s legal unit, are accused of working with Mashazi to block Mkhwanazi’s suspension. Fleet manager Steyns is accused of processing documents to fit blue lights to Matlala’s fleet at Mkhwanazi’s request.

Mogotsi challenges evidence leader’s conduct

Businessman Oupa Brown Mogotsi has formally lodged a complaint against the commission’s evidence leader, Advocate Mathew Chaskalson SC, accusing him of misconduct and unfair treatment. In a letter from his new legal representatives, Radasi Sekgatja and Associates Inc, Mogotsi claims Chaskalson adopted an aggressive and hostile approach during cross-examination, attempting to portray him as dishonest. He alleges that some issues raised were not properly disclosed in advance, causing distress and prejudice. Mogotsi further claims evidence manipulation, accusing Chaskalson of shaping the narrative to undermine the search for truth. He alleges Chaskalson harboured a “personal vendetta” against certain witnesses, including himself and Mr Sulliman, and indicated he was “out to get” Sulliman. Mogotsi also claims he was offered protection in exchange for implicating Sulliman, raising concerns about witness coercion. His legal team has called for an urgent investigation into Chaskalson’s conduct. Chaskalson confirmed that Mogotsi’s team intends to apply for his recusal but said no application has been seen yet.

Madlanga: from Constitutional Court to Rhodes University

Justice Mbuyiseli Madlanga, who retired after a decade on the Constitutional Court of South Africa, has been elected chancellor of Rhodes University in Makhanda, Eastern Cape. He succeeds Justice Lex Mpati. Madlanga chairs the commission bearing his name, a landmark inquiry into corruption, criminality, and political interference in the justice system. The university stated that his career has been marked by dedication to constitutional democracy, human rights, and the rule of law. Madlanga is an alumnus of Rhodes University, where he completed his LLB in 1986 before furthering his studies abroad. Born in KwaBhaca in 1962, his journey from rural Eastern Cape to the country’s highest court and back to Rhodes University is a testament to the transformative power of education, the university said. Vice-chancellor Professor Sizwe Mabizela characterised the appointment as a “homecoming.” Madlanga received an honorary Doctor of Laws from Rhodes in 2023. In accepting the chancellorship, he stated that his tenure will be guided by the same values he upheld throughout his judicial career.

Broader testimony: interference and dysfunction

The commission has heard explosive testimony from multiple officials. KwaZulu-Natal Police Commissioner Lt-Gen Nhlanhla Mkhwanazi ended three days of testimony that placed lawmakers’ conduct under scrutiny. Acting police minister Firoz Cachalia said police inquiries provide a moment to reset the SAPS. Crime Intelligence head Dumisani Khumalo told the commission that traditional policing methods cannot combat sophisticated criminal cartels. The Hawks’ top brass said a miscommunication, not interference, led to their presence at alleged crime boss Katiso Molefe’s arrest. The Gauteng traffic police chief denied interference, stating they were assisting the Hawks. Former police commissioner Riah Phiyega denied ever meeting alleged crime boss Vusimuzi “Cat” Matlala after explosive recordings were played. Testimony at parliament’s police inquiry added to the number of officials not consulted by suspended police minister Senzo Mchunu before disbanding the political killing task team. A witness described a clash between a KwaZulu-Natal-based task unit and a Gauteng-based Hawks unit. Police officials were accused of doctoring a ballistic report to remove the link of a whistleblower to various murders. Former minister Bheki Cele criticised Phiyega’s handling of the 2012 tragedy and alleged corruption and political interference. While admitting failure to consult before disbanding the political killings task team, Mchunu denied any links to criminal syndicates.

What comes next for the commission and the accused

The special investigations task team will now pursue criminal investigations against the 14 referred individuals. The commission continues to hear testimony, with Mogotsi’s recusal application pending. The outcome of the complaint against Chaskalson could affect the commission’s credibility. Meanwhile, Madlanga’s dual role as commission chair and university chancellor may draw attention to the intersection of justice and education. The commission’s final report, expected later, will likely contain further recommendations for prosecutions and systemic reforms.

Accountability and the rule of law under scrutiny

The Madlanga Commission has exposed deep-seated corruption and political interference within South Africa’s criminal justice system. The referral of 14 individuals for criminal investigation, coupled with the formation of a dedicated task team, signals a push for accountability. However, allegations of misconduct against the commission’s own evidence leader raise questions about the integrity of the process. As the inquiry continues, the balance between rooting out malfeasance and ensuring fair proceedings remains delicate. The commission’s work, and the broader police inquiry, may determine whether South Africa can restore public trust in its justice institutions.

The bottom line

• 14 individuals referred for criminal investigation based on prima facie evidence from the Madlanga Commission.
• President Ramaphosa has ordered a special task team to investigate the accused, led by a direct report to the national police commissioner.
• Allegations include blue-light corruption, torture, murder, and cover-ups involving Ekurhuleni metro police and officials.
• Businessman Oupa Brown Mogotsi has accused the commission’s evidence leader of misconduct, witness coercion, and a personal vendetta.
• Justice Mbuyiseli Madlanga, the commission chair, has been elected chancellor of Rhodes University, his alma mater.
• Testimony has revealed widespread interference, miscommunication, and dysfunction within police and intelligence units.