Murder by government: What have we learnt? - John Matisonn

Key topics:Ministers, police and ANC links to criminal syndicates exposed in hearingsJudiciary stands firm while Parliament and NPA seen failing accountabilityCalls grow for reforms as crime cover-ups reveal deep systemic breakdown.Sign up for your early morning brew of the BizNews Insider to keep you up to speed with the content that matters. The newsletter will land in your inbox at 5:30am weekdays. Register here.Support South Africa’s bastion of independent journalism, offering balanced insights on investments, business, and the political economy, by joining BizNews Premium. Register here.If you prefer WhatsApp for updates, sign up to the BizNews channel here..By John Matisonn.Lieut. General Nhlanhla Mkhwanazi’s bold July intervention is well on the way to being the seminal event of the Ramaphosa presidency and perhaps more important than the Zondo Commission – even if the big political guns don’t get what they deserve.The reason is that this time the revelations hit much closer to home.Think of this: First, in these hearings we are seeing serving cabinet ministers’ links to criminal syndicates exposed, not a discredited ex-president. Second, on Friday we saw vile crimes including murder and years-long cover ups under the control of serving police chiefs in Benoni. Few examples could have brushed closer to home for the average South African. The truth is that, even if we are put off by Mkhwanazi’s coup-like paraphernalia at his July media conference, the hearings have already justified most of his extravagant claims with a wealth of evidence, just as his warnings about flaws in the system itself dare not be ignored. .Read more:.South Africa’s crime intelligence scandal deepens: Nepotism and cover-up allegations expose systemic corruption.Evidence so far has demonstrated the dangerous relationship between criminal syndicates, cabinet ministers, the ANC and the police, extending to a murder and cover up by police after it was reported yet, allowed to fester without investigation for three years. It is only after exposure at the inquiry that Brigadier Julius Mkhwanazi and city manager Dr Imogen Mashazi were finally suspended, and who knows if either will ever see the inside of a court room? The Zondo Commission’s recommendations did not result in timeous trials of the top culprits, and it’s not clear if this round of hearings will either. But Zondo laid the groundwork of public perception, and millions of South Africans who were in denial about corruption are now ready to believe the claims.The hearings have also shown us which institutions are working and which are not.The institution still working is the judiciary. The success is the judiciary. However imperfect, a judge is running an inquiry that is getting the job done. The two failing institutions are parliament and the National Prosecuting Authority. While the parliamentary hearings have produced some gems in the form of evidence by high-profile witnesses and some good questioning, too often they are dominated by partisan point-scoring rather than the incisive interrogation of malfeasance to be expected from a good parliament.The second failure is the National Prosecuting Authority. We know this from the words of its director, Adv. Shamila Batoyi, who has said both that “any suggestion that the authority is a failing organisation, is not true” and that “the reality is that we are not winning the fight against organised crime in this country.”Well, which is it? After a rote defence of her job, she effectively admits defeat.“Our crime is ravaging our country, and it seems like we are watching this movie in front of us in slow motion, and those of us in power that should be doing something about it are powerless to do anything about it… the criminals are taking over our country, organised criminals.”Asked what had “broken” that was resulting in organised crime’s growing power, Batoyi answered: “How much… time do you have? I really don’t know where to start.”She hasn’t kept control of her in-tray either.Questioning showed she had failed to take up detailed complaints from a Johannesburg mayor, or follow up adequately Mkhwanazi’s allegation that the NPA was playing a part in aiding criminal syndicates to evade justice.“I will be writing to the national commissioner to ask him to reveal the names of those prosecutors that General Mkhwanazi alleges are involved in any kind of criminal activity.”Is this anywhere near good enough?.Read more:.Police Minister Mchunu suspended over alleged criminal collusion, Ramaphosa launches judicial probe into syndicate infiltrating SA law enforcement.What is needed is a new culture of reform from the government. Mkhwanazi was not alone in warning that our judiciary is letting off too many people. In some cases this is the fault of judges, who allow endless challenges where several jurists have said they should be firmer in dismissing spurious technical points raised by defence lawyers.There are few better examples than Jacob Zuma’s endless motions against judges, prosecutors and even reporters. Judges have discretion and should use it more firmly. Perhaps inexperience has been the culprit, but it’s become dangerous, allowing accused to live in endless luxury and convincing growing majorities of voters that our democracy isn’t working.

Murder by government: What have we learnt? - John Matisonn

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