President Cyril Ramaphosa has defended his decision not to release the interim report of the commission of inquiry into criminality, political interference and corruption in the criminal justice system, stating that publication could jeopardise ongoing investigations and be unfair to witnesses.
Responding to a parliamentary question from the ANC on Thursday, Ramaphosa said he received the commission’s interim report on 17 December last year, which contained recommendations based on prima facie evidence of wrongdoing.
The president outlined three categories of recommendations made by the commission: referrals of matters showing prima facie evidence of wrongdoing to relevant authorities for immediate criminal investigation, directions for urgent prosecution decisions where appropriate, and recommendations regarding the employment status of officials in law enforcement or intelligence agencies.
Ramaphosa said he has directed the Minister of Police and the National Commissioner of the South African Police Service to establish a special investigations task team, reporting directly to the National Commissioner, to institute investigations against those identified by the commission.
The president said the commission’s work remains ongoing and that the commission noted in its interim report that it still requires further evidence from a number of people who have not yet appeared before it.
“Beyond the referrals and recommendations that I have made public, it would be unfair to witnesses whose testimony is not complete or individuals against whom the commission has not made prima facie findings, to publicise information at this stage,” Ramaphosa said.
He added that making unconcluded avenues of investigation public may jeopardise investigations and the commission’s lines of questioning.
Ramaphosa said all reports will be made public once the commission submits its final report, subject to any advice from the commission or considerations regarding whether publication of portions may endanger persons, compromise private information, or should be withheld for any legal reason.
“Throughout this, we are guided by the fundamental principle of transparency and that South Africans must know the facts around the allegations made by Lt-Gen Nhlanhla Mkhwanazi and must know what action is being taken to address any wrongdoing or systemic weaknesses that are identified,” the president said.
The commission was established to investigate allegations made by Mkhwanazi regarding criminality, political interference and corruption within the criminal justice system.
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