Nine current and former Ekurhuleni metro municipality workers and five police officers implicated in the Madlanga commission have been referred to the police for criminal investigation.
The commission in its interim report found that there is prima facie evidence against them after their names were mentioned in the commission, which is investigating allegations of criminality, political interference and corruption in the criminal justice system.
President Cyril Ramaphosa, who established the commission last year, welcomed the referral on Thursday.
His spokesperson Vincent Magwenya said: “President Ramaphosa welcomes the referrals by the commission of matters for immediate criminal investigation and urgent decisions on prosecution, as well as recommendations on the employment status and recommended suspension of individuals.”
As a result, Ramaphosa has directed police minister Prof Firoz Cachalia and national police commissioner Gen Fannie Masemola to constitute a special investigations task team, with a leader who will report directly to Masemola.
“The task team will institute investigations against people identified by the commission for investigation,” said Magwenya.
The task team will have to conduct a criminal investigation to help them to take [the matters] to court. They will have to produce prima facie evidence to the National Prosecuting Authority and hopefully the task team will be composed of skilful detectives. I think this is the right way to do things
— Johan Burger, senior researcher and policing expert
Senior researcher and policing expert Johan Burger said the president’s decision to establish a task team was a step towards holding people accountable.
“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. They will have to produce prima facie evidence to the National Prosecuting Authority and hopefully the task team will be composed of skilful detectives. I think this is the right way to do things.”
The implicated individuals are:
Julius Mkhwanazi
The suspended deputy chief of the Ekurhuleni metropolitan police department (EMPD) is accused of fitting blue lights to a fleet belonging to alleged drug cartel member Vusimuzi “Cat” Matlala. He is also accused of a cover-up murder of a civilian in April 2022 who was tortured during an investigation.
Mkhwanazi denied the allegations before the commission.
Adrian McKenzie, Bafana Twala and Kesha-Lee Stals
The three policemen are accused of torturing a civilian who allegedly murdered a civilian during interrogation, and allegedly called Mkhwanazi, who advised them to dispose the body at a mine dump. They were arrested and charged but the case had since been withdrawn from the court roll.
Imogen Mashazi
The former Ekurhuleni municipal manager is accused of protecting Mkhwanazi from facing suspension and criminal charge as it was recommended by police watchdog for fitting blue lights to Matlala’s fleet.
Mashazi denied the allegations and accused suspended EMPD chief Jabulani Mapiyeye of being a perpetrator of women abuse and sexually abusing junior staff before promoting them to higher-ranking positions.
Linda Gxasheka and Kemi Behari
Gxasheka, head of department for human resources in Ekurhuleni, and Behari, head of the legal unit of the city, are accused of working with Mashazi to block the suspension of Mkhwanazi for fitting Matlala’s fleet with blue lights.
Neither have appeared before the commission.
Chris Steyn
Steyn is the Ekurhuleni metro fleet manager who Mkhwanazi approached and gave documents to start the process of fitting blue lights to fleet belonging to Matlala.
He has not appeared before the commission.
Etienne van der Walt
Witness D told the commission that Van der Walt, an informant, had an appointment letter from EMPD stating that he formed part of an EMPD truck hijacking task team.
He has not appeared before the commission.
The SAPS members found to have been tainted are:
Maj-Gen Lesetja Senona
The KwaZulu-Natal Hawks head is accused of sharing police sensitive information with Matlala in order to boost the relationship between him and his son, Thato.
Among the things he is accused of sharing is an affidavit in a matter of alleged kidnapping kingpin Esmael Nangy. The document contained ID numbers and the names and contact details of the police officers investigating the matter, including the station they were deployed to.
Senona has denied the allegations stating that all the things that he shared were in public space and that he didn’t do anything wrong.
Maj-Gen Richard Shibiri
The head of organised crime in Gauteng is accused of attempting to facilitate a bribe with police officials investigating alleged criminal cartel member Katiso “KT” Molefe after his arrest.
It is alleged that in a meeting with the investigators who were investigating Molefe he told them that there were three envelopes that were prepared — one for the investigators, one for the presiding officer in the matter, and the third for the prosecutors for them not to oppose bail.
Shibiri has not appeared at the commission.
Brig Mbangwa Nkhwashu
The deputy district commissioner in the Vaal is accused of threatening police investigators who were investigating Molefe.
He also visited Molefe after hours while he was in prison under the pretence that he was his relative.
Sgt Fannie Nkosi
The police officer in the office of suspended deputy commissioner Lt-Gen Shadrack Sibiya office is accused of collecting illegal money from Molefe on behalf of Sibiya.
The commission has seen a video of him in Molefe’s home where he walked in and when he left he had a paper bag.
He has not appeared before the commission.
Brig Rachel Matjeng
The brigadier’s alleged role of misconduct has not emerged at the commission public hearings.
Sowetan
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