On the 13th of July 2025, President Cyril Ramaphosa announced the establishment of the Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System.
This followed serious allegations made by 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 the 17th of December 2025 in line with the delivery timelines that had been determined by the President.
President Ramaphosa has studied the interim report and accepts its recommendations.
President Ramaphosa further 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.
The Commission, in accordance with its terms of reference, makes several referrals concerning matters that require 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 empowers 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.”
President Ramaphosa expects 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 will help to restore public trust and strengthen operational capacity in the affected state entities tasked with fighting crime and corruption.
Where the commission has said that there is prima facie evidence of wrongdoing, it has made referrals for investigation by the appropriate officials in the South African Police Service, Independent Police Investigative Directorate or the Ekurhuleni Metropolitan Municipality.
The referrals relate to the following SAPS officials:
- Major General Lesetja Senona
- Major General Richard Shibiri
- Brigadier Mbangwa Nkhwashu
- Brigadier Rachel Matjeng
- Sergeant 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 of Police Commissioner Julius Mkhwanazi
- EMPD Officer Bafana Twala
- EMPD Officer Aiden McKenzie
- EMPD Officer Kershia Leigh Stols
- EMM former City Manager Dr Imogen Mashazi
- EMM fleet manager/proxy Mr Chris Steyn
- EMM Head of Department of Human Resources Ms Linda Gxasheka
- EMM Head of Legal Adv Kemi Behari
- Mr Etienne van der Walt
The matters highlighted for referral concern 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 IPID is already seized with certain matters, the Commission will 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 emphasises that, with the exception of EMPD Chief, Commissioner Julius Mkhwanazi, it has not yet heard the response of some of the relevant persons listed above, the allegations against them remain prima facie allegations only and are not findings of the Commission.
The nature of these allegations however warrants the referrals for further investigation and potential disciplinary, prosecutorial or regulatory action right away.
President Ramaphosa has directed the Minister of Police Professor Firoz Cachalia and General Fannie Masemola, the National Commissioner of the South African Police Service to constitute a special investigations task team, with a leader who will report directly to General Masemola. The task team will institute investigations against people identified by the Commission for investigation.
Establishing a special unit is critical to ensure that these investigations take place as a matter of urgency.
President Ramaphosa would like to express 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.
The President looks 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.
