Pretoria – The scope of the Judicial Commission of Inquiry appointed by President Cyril Ramaphosa to investigate damning allegations made by KwaZulu-Natal Commissioner of Police Lieutenant General Nhlanhla Mkhwanazi has been gazetted.
Earlier this month, on 6 July 2025, Lt. Gen. Mkhwanazi held a media briefing in which he alleged the existence and operation of a sophisticated criminal syndicate that has allegedly infiltrated law enforcement and intelligence structures in South Africa, undermining the South African Criminal Justice System.
As a result, President Ramaphosa suspended Police Minister Zenzo Mchunu and announced the establishment of a Judicial Commission of Inquiry to probe the allegations made by General Mkhwanazi.
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The terms of reference for the commission, chaired by Acting Deputy Chief Justice, Justice Mbuyiseli Madlanga and Advocate Sesi Baloyi SC, and Advocate Sandile Khumalo SC, as members of the Commission, were gazetted as follows:
The Commission is appointed to investigate and report on the veracity, scope, and extent of the allegations with regard to the infiltration of law enforcement, intelligence, and associated institutions within the criminal justice system by criminal syndicates and make findings and recommendations for criminal prosecutions, disciplinary actions, and institutional reform.
The Commission shall inquire into, report on, and make findings and recommendations concerning:
1. Whether criminal syndicates, including but not limited to drug cartels, have infiltrated or exert undue influence over:
1.1 The South African Police Service (“SAPS”), including the Political Killings Task Team and Crime Intelligence;
1.2 The Johannesburg Metropolitan Police Department (“JMPD”);
1.3 The Ekurhuleni Metropolitan Police Department (“EMPD”);
1.4 The Tshwane Metropolitan Police Department (“TMPD”);
1.5 The National Prosecuting Authority (“NPA”);
1.6 The State Security Agency (“SSA”);
1.7 Any member of the Judiciary, including the magistracy and of courts administration;
1.8 The Department of Correctional Services; and
1.9 Any other institutions and/or organs of state within the criminal justice system.
The nature, extent, and consequences of such infiltration or influence, including:
2.1 The facilitation of organised crime;
2.2 Suppression or manipulation of investigations;
2.3 Inducement into criminal, or other unlawful actions, including corruption, of law enforcement leadership;
2.4 Commission of any other criminal offences; and
2.5 Intimidation, victimisation or targeted removal of witnesses, potential witnesses or persons making protected disclosures or officials resisting criminal influence.
3. The role of senior officials of SAPS, JMPD, EMPD, TMPD, NPA, and SSA, and of members of the Judiciary, including the magistracy, current or former, who may have: 3.1 Aided or abetted the alleged criminal activity; 3.2 Failed to act on credible intelligence or internal warnings; and/or 3.3 Benefitted financially or politically from the syndicate’s operations.
4. The role of any member of the national executive responsible for the criminal justice system, whether they were complicit, aided and abetted, or participated in the acts listed in paragraphs 1 to 3 above, or did so by omission.
5. The effectiveness or failure of oversight mechanisms. 6. The adequacy of current legislation, policies, and institutional arrangements in preventing such infiltration.
7. Once established, the Commission shall also 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.
8. These Terms of Reference may be added to, varied, or amended by proclamation from time to time.
9. The Commissions Act, 1947, (Act No. 8 of 1947) (“the Act”) shall apply to the Commission, subject to such amendments, including amendments in relation to the Terms of Reference of the Commission, and exemptions as may be specified by proclamation from time to time.
The Commission shall have all the powers necessary to achieve its mandate, including:
10.1 The power to summon witnesses and compel the production of documents;
10.2 The power to conduct search and seizure operations, subject to applicable law;
10.3 The power to deviate from the Act insofar as it provides for public hearings, and to order that the Commission shall sit in camera where necessary to protect the safety of witnesses, the integrity of ongoing investigations where appropriate and where intelligence and the work of intelligence services are concerned; and
10.4 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.
11. Regulations may be made, after consultation with the Chairperson of the Commission, in terms of the Commissions Act, 1947, and shall apply to the Commission in order to enable the Commission to conduct its work meaningfully and effectively and to facilitate the gathering of evidence by conferring on the Commission powers as necessary, including the power to enter and search premises, secure the attendance of witnesses and compel the production of documents.
12. 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.
13. The Commission shall submit: 13.1 an interim report within 3 months of its establishment; and 13.2 a final report within 6 months of its establishment, or such extended period as the President may determine.
14. Each report must be submitted to the President and shall include recommendations that can be immediately actioned based on the Commission’s work as at that date.
15. The Commission shall ensure the protection of potential witnesses and witnesses. All proceedings may be held in public or in private, as the Chairperson deems necessary.
16. The Commission’s final report will be sent to the Speaker of the National Assembly and the Chief Justice.
This gazette is also available free online at: www.gpwonline.co.za
