Nine current and former Ekurhuleni metro municipality workers and five police officers implicated in the Madlanga commission’s interim report have been referred to the police for criminal investigation.
The commission found that there is prima facie evidence against them after their names were mentioned in the commission, which is investigating allegations of criminality, political interference, and corruption in the criminal justice system.
President Cyril Ramaphosa, who established the commission last year, welcomed the referral. His spokesperson, Vincent Magwenya, said: “President Ramaphosa 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.”
As a result, Ramaphosa has directed acting police minister Prof Firoz Cachalia and national police commissioner Gen Fannie Masemola to constitute a special investigations task team, with a leader who will report directly to Masemola. “The task team will institute investigations against people identified by the commission for investigation,” said Magwenya.
Senior researcher and policing expert Johan Burger said the president’s decision to establish a task team was a step towards holding people accountable. “I think this is a good development in holding those named and accused of wrongdoing accountable,” Burger said. “The task team will have to conduct a criminal investigation to help them to take [the matters] to court."
The implicated individuals are:
- Julius Mkhwanazi: The suspended deputy chief of the Ekurhuleni metro police is accused of fitting blue lights to a fleet of cars belonging to alleged drug cartel member Vusimuzi “Cat” Matlala. He is also accused of covering up the murder of a civilian who was tortured during an investigation in April 2022.
- Adrian McKenzie, Bafana Twala, and Kesha-Lee Stals: These three Ekurhuleni metro cops are accused of torturing and murdering a civilian during their interrogation. They allegedly called Julius Mkhwanazi, who advised them to dispose of the body at a mine dump. They were arrested and charged, but the case was withdrawn from the court roll.
- Imogen Mashazi: The former Ekurhuleni municipal manager is accused of protecting Mkhwanazi from facing suspension and criminal charges as recommended by the police watchdog for fitting blue lights to Matlala’s fleet.
- Linda Gxasheka and Kemi Behari: Gxasheka is head of the HR department in Ekurhuleni, while Behari is head of the city’s legal unit. Both are accused of working with Mashazi to block the suspension of Mkhwanazi for fitting Matlala’s fleet with blue lights.
- Chris Steyns: Steyns is the Ekurhuleni metro fleet manager whom Mkhwanazi approached and gave documents to start the process of fitting blue lights to the fleet belonging to Matlala.
- Etienne van der Walt: “Witness D” told the commission that Van der Walt, an informant, had an appointment letter from the Ekurhuleni metro police stating that he formed part of their truck hijacking task team.
- Maj-Gen Lesetja Senona: The head of the Hawks in KwaZulu-Natal is accused of sharing sensitive police information with Matlala to boost the relationship between him and his son, Thato. Among others, he is accused of sharing an affidavit regarding alleged kidnapping kingpin Esmael Nangy. The document contained ID numbers, names, and contact details of the police officers investigating the matter, including the station they were deployed to.
- Maj-Gen Richard Shibiri: Shibiri is head of the police’s organised crime unit in Gauteng and is accused of attempting to bribe police officials investigating alleged criminal cartel member Katiso “KT” Molefe after his arrest. It is alleged that in a meeting with the investigators, he told them that there were three envelopes — one for the investigators, one for the presiding officer in the matter, with the third one being for the prosecutors not to oppose bail.
- Brig Mbangwa Nkhwashu: The deputy district commissioner of the police in the Vaal was accused of threatening police investigators who were investigating Molefe. He also visited Molefe after hours while he was in prison, claiming to be his relative.
- Sgt Fannie Nkosi: An officer working for suspended deputy commissioner Lt-Gen Shadrack Sibiya, he is accused of collecting money from Molefe for Sibiya. The commission has seen a video of him walking out of Molefe’s home carrying a paper bag.
- Brig Rachel Matjeng: Her alleged misconduct has not emerged at the commission’s public hearings. She has not appeared before the commission.
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