South Africa: top police official testifies on criminal infiltration in justice system

A top police official who claimed that South Africa’s police and justice system has been infiltrated by criminal syndicates took the stand Wednesday at a government-backed probe into the allegations.

KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi said at a news conference in July that some top politicians and police officials were interfering in sensitive police investigations in the interest of criminal syndicates and drug cartels. His claims caused a public outcry and led to the commission of inquiry being appointed by President Cyril Ramaphosa.

South Africa’s parliament has been separately investigating Mkhwanazi’s claims.

South Africa has one of the highest crime rates in the world and allegations of corruption within the police are not new. However, it is unusual for high-ranking police officials to accuse each other of involvement with criminals.

During his opening statement on Wednesday, Mkhwanazi said he would show the extent of the threat to the country’s criminal justice system.

“It has been my aim that I want to demonstrate that the criminal justice system has been subject to a continuous threat, as well as sabotage, which has been with us over an extended period," he said. “To a point where we believe it is at real risk of total collapse if nothing is done."

The police minister and a senior officer implicated

During his news conference on July 6, Mkhwanazi alleged that Police Minister Senzo Mchunu and Deputy National Police Commissioner Shadrack Sibiya were among politicians and security officials involved with crime syndicates.

He alleged that both men had disbanded a crucial crime unit that was investigating politically motivated killings in KwaZulu-Natal province, after it was revealed that crime syndicates were behind the killings.

According to Mkhwanazi, the crime unit had also cracked the unsolved murder cases of two musicians and exposed crime cartels allegedly behind the deaths.

Both Mchunu and Sibiya have since been suspended and are expected to testify at the commission.

Mixed reactions to inquiry

There have been mixed reactions to the establishment of the commission, with many raising concerns that previous commissions appointed by Ramaphosa have not resulted in any high-ranking officials found guilty of wrongdoing.

Julius Malema, a lawmaker and leader of the Economic Freedom Fighters party, has questioned the powers of the commission to result in any meaningful consequences.

Malema has called for Mkhwanazi to be the first witness to appear before a parliamentary committee, which is separately investigating his claims, saying it has more weight that the commission of inquiry.

The country's official opposition party, Umkhonto we Sizwe (MK Party), will on Thursday challenge the legality of the commission in court. It accused Ramaphosa of failing to act on the recommendations of similar commissions in the past.

Potential for system turnaround

Louise Edwards, a crime expert from the African Policing Civilian Oversight Forum, said the probe has the potential to turn around the country's law enforcement if recommendations are implemented.

“We have to remain optimistic, but the only way I see real change happening is if the findings and recommendations of the commission leads to real consequences, systemic reforms, and sustained oversight, particularly by permanent oversight structures,” said Edwards.

She said the issues raised by Mkhwanazi were hurting effective policing and eroding morale among officers who were expected to fight crime.

“The focus must be on outcomes, but most significantly, implementation of its findings. Too often this is the weakness in the commission of inquiry approach,” she said.