The inquiry says it is consulting with Mkhwanazi ahead of hearings scheduled for 17 September at the Bridgitte Mabandla Justice College.
The judicial commission of inquiry into criminality, political interference, and corruption in the criminal justice system has confirmed it intends to call KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi as its first witness.
Mkhwanazi’s damning allegations about political interference in the police ministry led to President Cyril Ramaphosa establishing the commission of inquiry – also known as the Madlanga Commission – to look into his claims.
Commission confirms Mkhwanazi as first witness
Addressing the media at the Bridgitte Mabandla Justice College in central Pretoria, the commission’s spokesperson and head of communication, Jeremy Michaels, said the body has been in consultation with Mkhwanazi.
“The commission is still in consultation with Lieutenant General Mkhwanazi. It has reserved him and plans to continue those consultations throughout this week, as well as the early part of next week, ahead of the first public hearing to be held next Wednesday,” Michaels said.
He said the commission are aware that the parliamentary ad hoc committee established to investigate Mkhwanazi’s allegations wants him to testify before it and that they are communicating with the committee to ensure that “this happens cooperatively”.
Michaels said several other witnesses whose details cannot be divulged based on security considerations are also being consulted.
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Preparations underway for public hearings
“The preparations for calling a witness are intricate, and it’s important for the public to understand.
“I am not going to elaborate on the details involved. Suffice to say that there’s a lot of legal and investigative work which goes into such preparations,” Michaels added.
Giving an update of the progress of the Madlanga Commission, he said it has made significant progress since announcing that it will commence with hearings on 17 September.
The announcement came after the start date was postponed from 1 September due to challenges in procuring information and communication technology (ICT) systems and issues with data security.
ICT systems installed and tested
“The commission is still in consultation with Lieutenant General Mkhwanazi. It has reserved him and plans to continue those consultations throughout this week, as well as the early part of next week, ahead of the first public hearing to be held next Wednesday…”
Michaels said the hearing will take place at the main auditorium of the college, which was repurposed specifically for the hearings.
“With regard to IT equipment and ICT infrastructure services that were awaited, the commission has taken delivery of equipment configured with the necessary software, including data security software,” he said.
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“Most of our staff have now been trained on the systems, and they have conducted tests to ensure that the hardware and software are fit for purpose, which indeed they are.”
Findings will serve as recommendations
The ICT systems which have been procured include a cybersecurity solution, a secure internet connection and the live streaming service, as well as transcription and stenography services for shorthand writing, amongst others.
Michaels said while there were delays, the necessary systems are up and running.
Asked whether the findings of the Madlanga Commission will be legally binding, evidence leader Advocate Mathew Chaskalson said they will just be recommendations.
“There the law is clear…. Essentially, the function of this hearing is to conduct a public hearing for purpose of making recommendations to the president. The president, we hope, will act on recommendations that are made.”
Chaskalson also said some witnesses will testify in public while others do so in camera depending on the risk of compromising their or the investigation’s safety.
Confidential hotline for public reports
The commission has also onboarded a confidential reporting hotline for receiving reports from the public. Members of the public can confidentially send an email to [email protected] or call 0800 111 369.
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