Lt. Gen. Mkhwanazi’s Claims: Official Announcement of the Judicial Commission of Inquiry Scope
Pretoria – The official publication of the Judicial Commission of Inquiry established by President Cyril Ramaphosa to investigate serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi has been released.
On July 6, 2025, Lt. Gen. Mkhwanazi held a media briefing where he asserted that an advanced criminal syndicate has reportedly infiltrated law enforcement and intelligence agencies in South Africa, jeopardizing the integrity of the South African Criminal Justice System.
In light of these claims, President Ramaphosa decided to suspend Police Minister Zenzo Mchunu and announced the creation of a Judicial Commission of Inquiry to probe the allegations made by Lt. Gen. Mkhwanazi.
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The commission, chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga and including Advocate Sesi Baloyi SC and Advocate Sandile Khumalo SC as members, has outlined its terms of reference as follows:
The Commission is responsible for investigating and reporting on the credibility, scope, and implications of the allegations regarding the infiltration of law enforcement, intelligence, and related entities by criminal syndicates within the criminal justice system, with a mandate to provide findings and recommendations for criminal prosecutions, disciplinary measures, and institutional reforms.
The Commission shall investigate, report on, and provide findings and recommendations regarding:
1. The infiltration or undue influence of criminal syndicates, including but not limited to drug cartels, over:
1.1 The South African Police Service (“SAPS”), notably the Political Killings Task Team and Crime Intelligence;
1.2 The Johannesburg Metropolitan Police Department (“JMPD”);
1.3 The Ekurhuleni Metropolitan Police Department (“EMPD”);
1.4 The Tshwane Metropolitan Police Department (“TMPD”);
1.5 The National Prosecuting Authority (“NPA”);
1.6 The State Security Agency (“SSA”);
1.7 Any member of the Judiciary, including magistrates and court administration;
1.8 The Department of Correctional Services; and
1.9 Any other entities or organs of state involved in the criminal justice system.
The nature, extent, and repercussions of such infiltration or influence, including:
2.1 The facilitation of organized crime;
2.2 Suppression or manipulation of investigations;
2.3 Induction into criminal or unlawful activities, including corruption, by law enforcement leadership;
2.4 Commission of additional criminal offenses; and
2.5 Intimidation, victimization, or targeted removal of witnesses, potential witnesses, or individuals making protected disclosures or resisting criminal influence.
3. The involvement of senior officials from SAPS, JMPD, EMPD, TMPD, NPA, and SSA, as well as current or former members of the Judiciary, who may have: 3.1 Aided or abetted the alleged criminal activities; 3.2 Failed to act on credible intelligence or internal warnings; and/or 3.3 Benefited financially or politically from the operations of the syndicate.
4. The role of any national executive member responsible for the criminal justice system, whether complicit, aiding and abetting, or participating in the activities outlined in paragraphs 1 to 3, or engaging through omission.
5. The effectiveness or shortcomings of oversight mechanisms. 6. The adequacy of current legislation, policies, and institutional frameworks to prevent such infiltration.
7. Following its establishment, the Commission will also evaluate prima facie evidence regarding individuals currently employed in law enforcement or intelligence agencies, and when appropriate, must recommend actions regarding their employment status, including potential suspension pending further investigations.
8. These Terms of Reference may be subject to amendments or variations by proclamation over time.
9. The Commissions Act, 1947, (Act No. 8 of 1947) (“the Act”) will govern the Commission, with amendments pertaining to the Terms of Reference and exemptions defined by future proclamation.
The Commission shall possess all necessary powers to fulfill its mandate, including:
10.1 The authority to summon witnesses and compel document production;
10.2 The capacity to conduct search and seizure operations in accordance with applicable law;
10.3 The ability to deviate from the Act’s provisions regarding public hearings, allowing the Commission to convene in camera when necessary to ensure witness safety, maintain the integrity of ongoing investigations, and preserve the confidentiality of intelligence operations; and
10.4 The power to refer matters for immediate criminal investigation and urgent prosecution decisions based on the nature of the allegations and evidence uncovered by the Commission.
11. Regulations may be instituted, in consultation with the Chairperson of the Commission, in line with the Commissions Act, 1947, to facilitate the meaningful and effective operation of the Commission, enhancing its capacity to gather evidence, including the powers to enter and search premises, secure witness attendance, and compel document production.
12. The Commission shall forward any matter for prosecution, further investigation, or the initiation of a separate inquiry to the appropriate law enforcement agency, government department, or regulator as necessary.
13. The Commission shall submit: 13.1 an interim report within three months of its establishment; and 13.2 a final report within six months of its establishment, or within an extended timeframe as determined by the President.
14. Both reports must be submitted to the President and should include actionable recommendations based on the Commission’s findings to that point.
15. The Commission shall ensure the protection of potential witnesses and witnesses involved. All proceedings may be conducted publicly or privately, as determined by the Chairperson.
16. The final report of the Commission will be sent to the Speaker of the National Assembly and the Chief Justice.
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