Acting Commissioner General Mkhwanazi

The court found that Acting Commissioner General Mkhwanazi was instructed by authorities beyond him to withdraw disciplinary charges and reinstate General Mdluli, without making an independent decision, making his actions reviewable.

“The factual basis for the challenge by FUL is that it relied on statements made by then Acting Commissioner General Mkhwanazi in Parliament, that he was instructed by authorities beyond him to withdraw disciplinary charges and reinstate Mdluli ... Mkhwanazi had failed to make an independent decision which rendered his actions reviewable”