Experts have warned that the explosive revelations made by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi signal a deepening crisis within law enforcement that could open more doors for criminals to infiltrate the police.
They believe his claims expose how internal divisions among senior police officials, particularly in Gauteng and KwaZulu-Natal, have emboldened criminal syndicates to penetrate the police further.
Mkhwanazi came out guns blazing on Sunday, alleging political interference in some cases that the police were investigating.
He also questioned some of the decisions allegedly made by police minister Senzo Mchunu on the dissolution of the political killings task team.
He accused national deputy police commissioner Lt-Gen Shadrack Sibiya of issuing written instructions withdrawing all case dockets from the political killings task team and transferring them to his office, potentially interfering with ongoing investigations.
Mkhwanazi said those dockets were basically sitting in Sibiya's office, gathering dust.
Asked about the allegations, Sibiya said he was advised to act with restraint and would first watch the clip where the allegations are made and consult his legal team.
During Sunday's briefing, Mkhwanazi was dressed in the combat uniform of the special task force unit and surrounded by heavily armed officers of the elite cop unit.
Forensic investigator Paul O’Sullivan has raised questions about Mkhwanazi's motive after the explosive claims made on Sunday.
“Is Mkhwanazi planning a coup? Why did he intentionally dress like this and surround himself with guns, unless he was trying to send out a clear message intended to intimidate?” O’Sullivan asked.
According to a criminal law expert from the University of South Africa, Dr Mpho Matlala, Mkhwanazi’s return to military-style camouflage and his visible protection by elite units such as the Special Task Force and Tactical Intervention teams suggest he views the threat to his life as imminent.
He said there is no doubt contract assassinations are on the cards for Gauteng and KZN and that organised crime is about to wreak havoc.
“The animosity among senior law enforcers in these two provinces has allowed crime syndicates to infiltrate the police even deeper. It is no surprise that Gen Mkhwanazi has now reverted to his old camouflage uniform and has members from the special task force and Tactical Intervention surrounding him. He is aware that his life is now in danger, and within the SAPS, these are the only units that can provide such high-level security.
“The Special Task Force is a military-grade unit trained for combat, and the Tactical Intervention is an extension of the Internal Stability Division, later turned Public Order Police. Gen Mkhwanazi in his formative years [from 1993] served in all these specialised units,” he said.
Matlala said the revelations mean that criminal actors have the upper hand.
He noted that the implications are very serious, considering that Mkhwanazi may have violated SAPS press protocols.
“The police commissioner is possibly only allowed to brief the media on his province's crime situation and police work. Whether he obtained permission to address the press on the matters raised from National Commissioner Fannie Masemola is something to be seen.
“If no permission was granted to address such issues, then Mkhwanazi may have abused his position of authority and dragged his regional commanders into something that could have been addressed internally or by approaching the office of the president, which would constitute a breach of his fiduciary responsibilities,” Matlala said.
Matlala said the revelations are symptoms of a deeply divided senior management at the generalship of the police, with indications of deep political meddling.
“You have Mkhwanazi and Masemola on the one camp, and Sibiya and minister Mchunu on the other. To make matters worse, there are allegations of a prosecution authority and magistrates that are compromised. One thing Mkhwanazi is right about is that the infighting, the release of classified crime intelligence covert information, has compromised national or state security.
“These dynamics do signal the break in the chain of command within the SAPS. It's abundantly clear that while Gen Masemola is the chief accounting officer and overall commander, there are those who take command from political principals and drug cartels or crime lords,” he said.
He said part of what fuels this infighting is the race for the national commissioner post.
“It's no secret that Masemola will retire soon and the race has already begun. The sabotage, allegations and all these shenanigans are part of the race for the holy grail, which is the seat of power, the national commissioner post. I can only hope Gen Mkhwanazi adduces evidence to back up the explosive claims made. The country deserves such confirmation. Of course, the situation spells crisis in the entire system, a system marred with corruption and highly criminogenic,” Matlala said.
Matlala argues that by implication, criminal justice actors are turning South Africa into a banana republic, wherein criminal justice actors (by extension, national security actors) take instructions elsewhere, from political actors and crime lords, instead of keeping the chain of command within internal institutional structures.
He argued as things stand, the criminal justice system (CJS) has lost the moral authority to hold power in South African societies.
“This is due to corruption, bad court judgments, poor prosecutions, poor investigations, bad attitudes towards members of the public, non-caring postures and so on. The total sum of these is damaged brand reputations, which would require an overhaul of the top management structures in all CJS institutions, a purposeful intent and implementation of change management, as well as a big expenditure on rebuilding the brand reputations.
“Perhaps it’s time the justice, prosecutions and police appoint boards of governors to oversee governance, in addition to professionalising the police by having a statutory body that licenses them, with powers to revoke the practice licences if justice permits,” he added.
Matlala doesn't think it's prudent for Mchunu to address the matter through the media or the presidency.
“He should summon substantiated written submissions with evidence from Gen Mkhwanazi. If there is substance to the claims, only then can he look to the presidency for guidance. At this point in time, the nation has only heard allegations.
“These need to be tested, and the only way to do that is by formal internal grievance, laying criminal charges, or writing to parliament. A media showing can only attract all actors, even nuisance actors, to meddle in the mud,” said Matlala.
The chairperson of parliament’s portfolio committee on police Ian Cameron said the revelations were a huge shock.
He said it was unprecedented for someone to break rank and file that way.
“I've got mixed feelings about it on the one side. To me, maybe it's important to rip the plaster off, rip off the Band-Aid and really expose any alleged rot. On the other side, what does this say about the factionalism or potential factionalism of the South African Police Service? It leaves a massive concern,” he said.
He notes that political interference is rife.
“Over the past year, since I've been the chair of the police committee, I can speak on behalf of the committee to say that up until today, very little or none of the questions that we've asked about organised crime were answered. Whenever we ask questions about significant corruption, it is sidestepped — it becomes very frustrating that you never get a straight answer, whether from the ministry or from the national commissioner's office,” he said.
Cameron believes it is a serious day for the SAPS.
“I think it is an indictment on the broken integrity management of the police service, and it indicates why South Africans on ground level are left so vulnerable and exposed to crime, because if what has been said is proven to be accurate, it means that we have essentially laid bare South Africans and let them be exposed to violence while certain police members are there for personal gain,” he said.
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