MK Party: Reckless for Madlanga Commission to commence while case against establishment still pending

CAPE TOWN - The uMkhonto weSizwe (MK) Party said it’s reckless for the Madlanga Commission into alleged police corruption to commence this week while the party’s case against its establishment is still pending.

The commission is due to start its public hearings on Wednesday, while the MK Party and its president, Jacob Zuma, are set to argue their case before the Gauteng High Court in Pretoria on Thursday.

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The party claims that this is a calculated move to pre-empt and undermine the court challenge into the legality of the commission.

The MK Party launched its High Court case over the appointment of Acting Police Minister Firoz Cachalia and the subsequent establishment of the police inquiry after the Constitutional Court dismissed an application for direct access in July.

The High Court matter was originally expected to be heard on an urgent basis two weeks ago, but has now been set down for Thursday.

MK Party spokesperson Nhlamulo Ndlela said, “You can tell that this is a very underhanded and well-orchestrated decision that was taken. This rushed and irregular mid-week commencement is no innocent scheduling coincidence. That’s a fact.”

The party insisted that it was unlawful and irrational for President Cyril Ramaphosa to appoint a sitting judge to head the inquiry when the allegations also implicate the judiciary.

Judge Mbuyiseli Madlanga has since retired from the Constitutional Court.

“This egregious conflict of interest ensures that the commission can never command legitimacy, independence, or public confidence. Its findings are pre-tainted and will amount to nothing more than an expensive political smokescreen.”

The MK Party further said that the establishment of this commission is a pointless duplication of the work of Parliament and that two parallel investigations could possibly produce contradictory findings.

Parliament’s ad hoc committee is, however, yet to set a programme for its hearings with KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, who made the corruption and collusion allegations, already scheduled to appear before the commission as its first witness.

The MK Party, however, wants Judge Madlanga to postpone the start of the hearings until the court has pronounced on the legality of the inquiry.