The commission begins today in Pretoria where Mkhwanazi will be its first witness.
Chief evidence leader advocate Terry Motau has outlined how the Mandlanga Commission will conduct its hearings until a report is handed to President Cyril Ramaphosa.
The commission was established by Ramaphosa following a media briefing in July, in which KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi levelled several allegations against police management and the judiciary.
Mkhwanazi said an investigation with the Gauteng organised crime investigation unit unmasked a syndicate which involves politicians, law enforcement, metro police, correctional services, prosecutors, the judiciary and is controlled by drug cartels as well as businesspeople.
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The Madlanga Commission commences today at the Brigitte Mabandla Justice College in Pretoria and Mkhwanazi will be its first witness.
Madlanga Commission phases
Motau outlined how the proceedings will unfold to ensure those implicated by Mkhwanazi are given an opportunity to defend themselves.
In phase 1, the commission will hear testimony from Mkhwanazi, where he will provide evidence. He will name the individuals and institutions involved in the alleged corruption.
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“Utterances in a media briefing are exactly that – just utterances or allegations. This is his opportunity to present his allegations under oath,” said Motau.
Mkhwanazi will also detail the internal steps he took to report the allegations before going public, as well as what happened after he reported them and who he spoke to.
In this phase, the commission will also hear testimony from the national police commissioner, the political killings task team members, detectives, prosecutors and several experts.
In the second phase, the commission will hear from those implicated by Mkhwanazi, including suspended police minister Senzo Mchunu. The commission will then evaluate the testimonies of all witnesses. This phase will include cross-examinations.
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In Phase 3, Mkhwanazi will be recalled to respond to conflicting accounts and clarify details. Other key witnesses will examine their testimonies. The process is expected to conclude in three months before a report is handed over to Ramaphosa.
Justice Mbuyiseli Madlanga said in his opening address that should the allegations by Mkhwanazi be found to be true, it would be “doom” for South Africa’s criminal justice system.
