WeeklySA_AdminCase: The Madlanga Commission of inquiry also established a prima case against several empd officers
By Monk Nkomo
Four senior members of the South African Police who were fingered for alleged corruption and having links with criminal cartels, are to be urgently investigated following the establishment of a prima facie case of wrongdoing against them by the Madlanga Commission of Inquiry.
This followed a directive from President Cyril Ramaphosa who has instructed Police Minister, Prof. Firoz Cachalia and National Police Commissioner, Fannie Masemola, to constitute a special investigation team to probe several people including the four top police officers.
The four police officers who are alleged to have ties with suspected criminal kingpins, Vusimuzi ‘’Cat’’ Matlala and Katiso Molefe, included Maj.Gen. Lesetja Senona, Head of the Hawks in KwaZulu-Natal, Maj. Gen. Richard Shibiri, Gauteng Head of Organised Crime, Brig. Mbangwa Nkhwashu, Acting Sedibeng District Commissioner, Brig. Rachel Matjeng, a high-ranking officer in the SAPS finance division and Sgt. Fannie Nkosi.
Prima facie evidence of wrongdoing was also found by the Commission with regard to the following current and former employees of the Ekurhuleni Metropolitan Municipality :
• Suspended EMPD Chief Police Commissioner, Julius Mkhwanazi.
• EMPD officers Bafana Twala, Aiden McKenzie, Kershia Leigh Stols.
• Former Ekurhuleni City Manager, Dr. Imogen Mashazi
• Ekurhuleni Municipality Fleet Manager\ proxy, Chris Steyn
• Ekurhuleni Head of the Dept. of Human Resources, Linda Gxasheka
• Ekurhuleni Municipality Head of Legal Division, Kemi Behari.
• Etienne van der Walt.
The investigation into the listed individuals for alleged wrongdoing followed the establishment of the Commission of Inquiry by Ramaphosa on July 13, 2025 into Political Interference and Corruption in the Criminal Justice System.
This was a result of serious allegations made by KwaZulu- Natal provincial Commissioner, Lieutenant General Nhlanhla Mkhwanazi about the existence and operation of a sophisticated criminal syndicate that has allegedly infiltrated the criminal justice system in South Africa.
The Commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, assisted by Advocate Sesi Baloyi SC and Advocate Sandile Khumalo SC, submitted its interim report on December 17, 2025 in line with the delivery timelines that had been determined by the President.
In a statement, Ramaphosa said he had studied the interim report and had accepted its recommendations. He also welcomed 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.
The Commission, in accordance with its terms of reference, made several referrals concerning matters that required immediate further investigation by the relevant and impacted law enforcement institutions, including criminal investigations.
‘’The commission also makes recommendations in some instances for disciplinary measures to be taken against individuals alleged to be involved in wrongdoing including criminal acts and corruption’’.
Clause 7 of the Commission’s Terms of Reference empowered the Commission to consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies and, where appropriate, the Commission must make recommendations regarding the employment status of such officials including whether they should be suspended pending the outcome of further investigations.
‘’Clause 10.4 provides the Commission with the “power to refer matters for immediate criminal investigation and urgent decisions on prosecution, taking into account the nature of the allegations and evidence the Commission will uncover.”
Clause 12 states that “the Commission shall, where appropriate, refer any matter for prosecution, further investigation or the convening of a separate enquiry to the appropriate law enforcement agency, government department or regulator.”
Ramaphosa expected all law enforcement agencies and other relevant criminal justice institutions to act with speed in implementing the recommendations of the Commission’s interim report. Such immediate action would help to restore public trust and strengthen operational capacity in the affected state entities tasked with fighting crime and corruption.
The matters highlighted for referral concerned allegations of criminality, corruption, fraud, murder, perjury and other unlawful actions by officials and officers in the employ of the South African Police Service, City of Ekurhuleni and the Ekurhuleni Metro Police Department.
Where the Independent Police Investigative Directorate (IPID) had already seized with certain matters, the Commission would make a referral to IPID on the status of their investigations and seek explanations for any delays.
‘’President Ramaphosa has noted that some of the implicated individuals will return to the Commission to respond to allegations presented against them and that more witnesses are yet to deliver their evidence’’.
While the Commission emphasised that, with the exception of EMPD Chief, Commissioner Julius Mkhwanazi, it had not yet heard the response of some of the relevant persons listed above, the allegations against them remained prima facie allegations only and were not findings of the Commission.
The nature of these allegations however warranted the referrals for further investigation and potential disciplinary, prosecutorial or regulatory action right away, Ramaphosa said.
The special task team, with a leader, would report directly to Gen. Masemola . Establishing a special unit was critical to ensure that these investigations took place as a matter of urgency.
Ramaphosa expressed his deepest appreciation to the Commission chairperson, retired Justice Madlanga, Commissioners Baloyi and Khumalo and to all the Commission staff for their diligent work in the delivery of the interim report.
He looked forward to the finalisation of the Commission’s work and its contribution to the effective functioning of law enforcement agencies and the criminal justice system.
