General Mkhwanazi

In the meeting with Lieutenant General Mkhwanazi, the matters discussed were the Medicare 24 tender/contract and the warrant of arrest for the case Mr Matlala is charged with in the Johannesburg High Court.

“other than the Medicare tender, we also discussed the warrant that he, they had by then of my arrest, so but the warrant is for the case that I am currently charged with in the Johannesburg High Court”

Adv van den Heever's instructions are that General Mkhwanazi told the client there is a warrant of arrest out for him related to the Johannesburg High Court matter.

“my instructions are that General Mkhwanazi told the client there is a warrant of arrest out for you. You will be arrested on the matter that is currently part heard in the High Court of Johannesburg.”

Mr Matlala met Lieutenant General Mkhwanazi in Durban around March 2025 to discuss the Medicare 24 contract (on which he faces criminal charges) and a warrant of arrest for the Johannesburg case.

“Yes, I just checked it now. It is this case on 7.1.”

Mr Matlala requested the meeting with Lieutenant General Mkhwanazi and General Senona in April 2025 in Durban.

“I asked for the meeting. ... Yes, that is correct.”

The messages were WhatsApp messages forwarded to Mr Adams via Minister Mcunu or Mr Cedric Nkabinde.

“P a g e 7 2 o f 1 3 1 ( a t t r i b u t e d t o L i e u t e n a n t G e n e r a l M k h w a n a z i a n d f o r w a r d e d t o M r A d a m s v i a M i n i s t e r M c u n u o r M r C e d r i c N k a b i n d e”

MR RAPHESU stated the messages were attributed to General Mkhwanazi by Mr Adams and forwarded that the message came from the Chief of Staff, Mr Nkabinde.

“You say the messages were attributed to General Mkhwanazi . Was it Mr Adams who attribute the messages to General Mkhwanazi ? That is correct , Chair . And what did he say regarding the forwarding ? What exactly did Mr Adams say ? So regarding the forwarding , he seemed to be saying that he got the message from the Chief of Staff , Mr Nkabinde .”

Mr Adams showed messages during a meeting purportedly received from Minister Mchunu or Mr Cedric Nkabinde from Lieutenant General Mkhwanazi of the PKTT, which Ramsamy did not read or find interesting and returned the phone.

“I recall that during the meeting Mr Adams showed us messages that he had received from either Minister Mchunu directly or from Mr Cedric Nkabinde. ... These messages were allegedly from Lieutenant General Mkhwanazi from the PKTT. I did not read the messages. If frankly was not interested. And I just handed the phone back to Mr Adams.”

Mr Adams said the messages threatened to arrest Minister Mchunu if PKTT were shut down on 6 January 2025.

“Mr Adams said that the messages were Lieutenant General Mkhwanazi threatening to arrest Minister Mchunu if the PKTT were shut down.”

The flighted section 27 referral affidavit was produced after Lieutenant General Mkhwanazi's press briefing on 6 July 2025 where he stated that IDAC was investigating the PKTT.

“My suspicion is that the flighted section 27 referral affidavit was produced at that stage and after Lieutenant General Mkhwanazi's press briefing on the 6th of July 2025, where he stated that IDAC was investigating the PKTT.”

There is an allegation that IDAC actively participated in a well-coordinated attack against General Mkhwanazi, General Masemola, and General Khumalo, which Adv Johnson denies.

“there was an allegation that IDAC actively participating in a well-coordinated attack against General Mkhwanazi, General Masemola and General Khumalo, are you aware of it? You said you have heard of that allegation, but there is no truth to it.”

Crime Intelligence witnesses indicated they were subjected to intimidation and victimisation, justifying bail conditions that barred accused persons, including General Khumalo, from accessing Crime Intelligence premises.

““The assertion being that Mr Padayachee would be allowed to have access to Criminal Intelligence is incorrectly interpreted, mainly because we have witnesses at CI. Those witnesses had indicated that they had been intimidated and victimised. The condition for them not going to CI was to ensure that the witnesses were not intimidated.””

There is an allegation that IDAC is actively participating in a well-coordinated attack against General Mkhwanazi, General Masemola, and General Khumalo.

“There is an allegation that IDAC actively participating in a well-coordinated attack against General Mkhwanazi, General Masemola, and General Khumalo.”

ADV Johnson denies the truth of the allegation but acknowledges there are criminal matters in IDAC's scope and there was no sufficient evidence to arrest the generals mentioned.

“I have heard the allegation. There is no truth to the allegation. ... We did not do that because there was not sufficient evidence in the matters we have.”

The manner in which IDAC responded to Mr Adams' complaints feeds the narrative of a coordinated attack against General Khumalo and perhaps General Mkhwanazi linked to PKTT, as supported by evidence seen so far.

“the manner in which IDAC responded to Mr Adams' complaint at the very least is feeding the narrative ... there appears to be an active coordinated attack, at least against General Khumalo ... General Mkhwanazi, to the extent that he is associated with PKTT, perhaps.”

There was an investigation implicating General Maseola and General Mkhwanazi arising out of IPID, but insufficient evidence to move against them.

“... there was an investigation in which both are implicated, a matter arising out of IPID. There is insufficient evidence for me to move against the both of them.”

There were no investigations into General Masemola and General Mkhwanazi in November 2025 apart from inherited matters from IPID.

“apart from those inherited matters from IPID , there are none.”

ADV SELLO SC suggested there was a coordinated attack by IDAC against Generals Masemola, Khumalo and Mkhwanazi in November 2025, which Advocate Johnson initially denied.

“Mr Nqola asked you whether there is a coordinated attack by IDAC against Generals Masemola, Khumalo and Mkhwanazi, and I think it was Ms Sangoni as well asked about the investigations against Masemola and Mkhwanazi and you said there was nothing at the time. This is November 2025.”

IDAC sought involvement in matters involving syndicates in Gauteng which General Mkhwanazi testified about.

“Mkhwanazi also testified, that is General Mkhwanazi, also testified IDAC sought to get involved in matters involving syndicates in Gauteng.”

General Mkhwanazi was forced unlawfully and unconstitutionally to answer questions without access to a lawyer and was questioned over 6 hours without food, which influences the facts he gave that cannot be relied upon.

“General Mkhwanazi ... was forced unlawfully and unconstitutionally to answer questions ... was questioned for over 6 hours without food”

The facts relied upon by General Mkhwanazi were unlawfully obtained and thus should not be accepted without challenge.

“the facts that your rely on, General Mkhwanazi, for instance, says, are not lawfully obtained facts”

Colonel Brian Padayachee confirms receipt of Rule 3 notice and subpoena related to allegations made by General Mkhwanazi.

“Do you confirm? I confirm, Chair”

Lieutenant General Mkhwanazi made allegations that IDAC was operating outside its mandate, and that Colonel Padayachee lacked the requisite experience as a detective and as a senior investigator at IDAC; these allegations are substantiated by how IDAC and Colonel Padayachee handled the investigation into General Khumalo leading to his arrest on 26 June 2025.

“General Mkhwanazi made allegations that IDAC , on one, IDAC is operating outside its mandate. And secondly, that you, Colonel Padayachee, do not have the requisite experience as a detective and you are a senior investigator at IDAC. And that three, those facts that he alleges are substantiated by how IDAC and yourself as the investigator have handled the, what I will call the Khumalo matter, the investigation into General Khumalo that led to his arrest on the 26th of June 2025.”

Lieutenant General Mkhwanazi publicly alleged on 6 July 2025 that Colonel Padayachee was appointed to a senior position in IDAC despite lacking the required skills, experience, and qualifications, and that he used his role to influence and control investigative outcomes and court proceedings, particularly regarding the criminal charges against Lieutenant General Khumalo and his co-accused related to Brigadier Mokwele's employment.

“The notice requires me to deal with the following issues on which Lieutenant General Mkhwanazi testified . First , I was appointed to a senior position within IDAC despite lacking the required skills , experience , and qualifications . I have used my role to influence and control investigative outcomes , court proceedings , in particular the criminal charges against Lieutenant General Khumalo and his co-accused .”

The witness was surprised when General Mkhwanazi mentioned their name in his press briefing and testimony at the Commission because they had prior telephonic contact before the press briefing.

“I was surprised when General Mkhwanazi mentioned my name in his press briefing and again during his testimony during the Commission. This is because I had prior telephonic contact with him long before his press briefing.”

The witness had prior telephonic contact and an occasion to interview General Mkhwanazi before his press briefing, who also provided an affidavit in support of an IDAC investigation related to Crime Intelligence investigations. The details cannot be disclosed as the matter is still under investigation.

“Not only had I had contact with him prior to his press briefings , I had the occasion to interview him . He also provided me with an affidavit in support of one of the IDAC investigations related to Crime Intelligence investigations . I cannot disclose the details of General Mkhwanazi's affidavit nor provide the same to the Commission as the matter is still under investigation.”

The witness attaches screenshots of WhatsApp messages and phone calls held with General Mkhwanazi before and after receiving the affidavit, marked BP19 and BP25, to substantiate their communication.

“To substantiate my contact and communication held with Lieutenant General Mkhwanazi , I attach hereto screenshots of the messages and phone calls held with General Mkhwanazi prior to and after he provided me with the affidavit. They are marked BP19 and BP25.”

The witness recounts cordial and friendly interactions with General Mkhwanazi at his office and home, including discussions about corruption and a signed affidavit concerning a Major General suspect in the witness's cases.

“I met him . He was outside the Provincial Commissioner's office . He had his short pants next to his white bakkie , hands in the pocket . I had my hands in my pocket too , although he was a General , and we were chatting ... We had a conversation with regards to what I required of him. ... We met again ... at his house where we had the same conversation. I had his affidavit ... The affidavit concerns a Major General who is one of the suspects in my cases...He confirmed the affidavit . He signed the affidavit ... We had a cordial chat about corruption and everything that is going ...”

The witness emphasizes the trust built with General Mkhwanazi demonstrated by repeated meetings at his home and office, including cordial conversations about corruption, indicating General Mkhwanazi was aware of sensitive issues discussed.

“From the time of our first meeting ... I am invited to his home ... So the scenario itself tells you the trust, in your home, where your family is. So what I am saying here, Commissioner, he was aware.”

General Mkhwanazi was fine with the first case involving General Lushaba and with the second case involving General Khumalo on 27 June 2026.

“I just wanted to put it in context that General Mkhwanazi was fine with the first case of General Lushaba. He was fine with the second case of General Khumalo on the 27th.”

After the arrest of General Khumalo, Colonel Padayachee received two missed calls from General Mkhwanazi but the message sent was not read until 6 July 2026, after a press briefing where General Mkhwanazi gave a briefing.

“During the latter part of the afternoon, this is directly after the arrest of General Khumalo, there were two calls that came, two missed calls... The missed calls were from General Mkhwanazi... The message was not read the Sunday and the Monday... until the 6th of July, when I saw the press briefing and General Mkhwanazi giving the press briefing.”

An affidavit from General Mkhwanazi related to an ongoing Crime Intelligence investigation from April 2025 is in the confidential docket disclosed to the Commission; it has not yet been publicly disclosed.

“That affidavit was made. I took General Mkhwanazi's affidavit, I think it probably was in April 2025... that affidavit is in the docket, and I do not think it has been disclosed yet... it is in the confidential docket... it is in the docket that is disclosed to you, the third docket.”

Colonel Padayachee submits he is qualified for his role as senior investigator at IDAC with 44 years of experience and has no foundation to a conclusion that he used his position to influence investigative outcomes or court proceedings, especially in relation to charges against General Khumalo and his co-accused Brigadier Mokwele.

“I am more than qualified for the work that I am doing as a senior investigator at IDAC... I have taken the trouble to read the transcript of the evidence of Lieutenant General Mkhwanazi. There is no foundation for his conclusion that I use and/or have used my position to influence and control investigative outcomes and court proceedings. In particular, the criminal charges against Lieutenant General Khumalo, his co-accused as related to the employment of Brigadier Mokwele...”

The summons issued to Colonel Brian Padayachee requires him to respond to allegations about infiltration, capture, exertion of undue influence, and corruption within the South African Police Service, the National Prosecuting Authority, and other criminal justice system components by criminal syndicates, politically connected persons, and unlawful actors.

“The summons requires me to appear before the Commission on Monday 13 July 2026 for the purposes of giving evidence and be questioned about the following. Matters arising from the evidence of Lieutenant General Mkhwanazi during his evidence before the Commission on 17, 18 and 19 September whether criminal syndicates, organised criminal groups, politically connected persons or other unlawful actors have infiltrated, captured, exerted undue influence over or otherwise compromised the South African Police, the NPA, the Directorate for Priority Crime Investigation, Crime Intelligence, Independent Police Investigative Directorate or any other component of the criminal justice system.”

The reservations expressed relate to promotion irregularities within Crime Intelligence, indicating corruption with personnel recruited irregularly and promoted bypassing ranks.

“there were many things that took place during, and as mentioned by Mkhwanazi, which I support what he says about the corruption within Crime Intelligence ... some of them worked at supermarkets or wherever, that came into the police and ... they came in on the rank of a Captain ... a prominent person's wife was also promoted to a full Colonel ... it did exist during those times. But the manner in which it was done is questionable”

The witness has met with General Mkhwanazi who shared investigations about the murder of the popular artist AKA.

“I have met with General Mkhwanazi who shared with me the investigations about the murder of a popular artist known as AKA”

General Mkhwanazi shared investigations about the murder of the popular artist AKA.

“I have met with General Mkhwanazi who shared with me the investigations about the murder of a popular artist known as AKA”

Mr Vally sends General Khan an email from Kaizen complaining to SAPS and Treasury about insufficient purchase orders, indicating contractual financial non-viability.

“Mr Vally sends General Khan a copy of an email from Kaizen to Ms Mkhwanazi, complaining to them, SAPS and Treasury, about not getting enough orders.”

General Mkhanazi convened a media briefing on 6 July 2025 addressing developments within the South African Police.

“On the 6th of July 2025, General Mkhwanazi convened a media briefing in which he addressed matters pertaining to developments within the South African Police.”

Following the media briefing by General Mkhwanazi, an Ad Hoc Committee was established in Parliament to examine the matters discussed.

“Following the media briefing, an Ad Hoc Committee was established in Parliament to examine these matters.”

General Mkhwanazi cleared General Khan in the Aeroton drugs saga and deemed him a hero, a finding Mr. Shongwe disagrees with.

“General Mkhwanazi clears General Khan and deems him a hero, which I still disagree with...”

Mrs. Hongwe was pursued to give information about General Mkhwanazi but she was sceptical as she never spoke about him and doubted where the information came from.

“he was trying to pursue me to the ngo after General Mkhwanazi with what he was going to give me. So I was very, very sceptical and even probing further of those information that he wants to give me, because at no stage we spoke, I spoke about General Mkhwanazi.”

Penetration of the criminal justice system by organised crime is not new; it has been ongoing for many years before the 2025 public revelations by General Mkhwanazi.

“Penetration of the Criminal Justice System by Organised Crime is Not New ... criminals have been able to successfully penetrate the criminal justice system long before 6 July 2025”

General Mkhwanazi's complaint of interference by the Minister of Police dates back to 2011, during which he unlawfully complied with ministerial interference.

“interference by the Minister of Police , is something that happened way back in 2011 , at which time General Mkhwanazi elected to unlawfully comply with said Ministerial interference”

General Mkhwanazi has known about the links between organised crime and the police for many years; it is not a new phenomenon.

“General Mkhwanazi has known about the links between Organised Crime and the police for many years . It is not something he suddenly became aware of last year”

General Mkhwanazi has known about the links between Organised Crime and SAPS for many years, and took unlawful steps to deal with a senior police official involved in the penetration of Organised Crime into the criminal justice system.

“General Mkhwanazi has known about the links between Organised Crime and SAPS for many years ... not only his knowledge, but the steps he took, in my opinion unlawful steps, to deal with one of these senior police officials that was involved in the penetration of Organised Crime into the criminal justice system”

According to Humbulani Khuba, unlawful conduct of General Mkhwanazi was present during the investigation period.

“according to Humbulani Khuba, we had the unlawful conduct of General Mkhwanazi”

In February 2018, Humbulani Khuba met Major General Nemutanzhela of Crime Intelligence in Pretoria for a meeting involving allegations of interference.

“in February 2018 he got a phone call from Major General Nemutanzhela of Crime Intelligence... I remain in the lobby while we waited for the anonymous witness... after one of his calls Nemutanzhela said to me that we could go now... I saw Lieutenant General Mkhwanazi... Mkhwanazi asked us to switch off our cellphones and hand them to him... Present in the meeting was General Mkhwanazi, Nemutanzhela and me”

General Mkhwanazi was driving a narrative that the speaker had taken over IPID and was trying to discredit the speaker by sarcastically calling IPID 'OPED'.

“That was being driven by General Phahlane that I had captured IPID... General Phahlane would even go on TV and refer to it as OPED... Very sarcastic”

General Mkhwanazi promised the speaker a promotion to Lieutenant General and said that Nkabinde and Mahlangu would also be promoted because of their cooperation.

“Mkhwanazi said that I... would be promoted to Lieutenant General... Mkhwanazi indicated that both Nkabinde and Mahlangu would also be promoted into higher ranks”

General Mkhwanazi interfered with IPID and tried to get IPID members to leave and provide dirt on Robert McBride and the speaker related to the Phahlane investigation.

“He was interfering with IPID and trying to get IPID members to leave IPID and give them some dirt on Robert McBride and allegedly against me as well”

Mr O'Sullivan says the interference related to General Mkhwanazi's approach in the Phahlane case is not evident in the affidavit he sees.

“You cannot see that in that statement... You would have to be involved on the ground at the time... All of this was going on at the same time as the Phahlane investigation”

Mr O'Sullivan opines the only way to get to the bottom of events is to get a detailed sworn statement from Mr Khuba or have him testify, as the affidavit does not specify interference by General Mkhwanazi.

“the only way you are going to get to the bottom of this is either to get a detailed sworn statement from Mr Khuba or get him to come and testify... he does not say anything about General Mkhwanazi approaching him to interfere”

General Mkhwanazi called a dramatic media briefing on July 6th last year about interference in investigations, and was accused of interfering in the Phahlane investigation.

“On the 6th of July last year, General Mkhwanazi calls a media briefing... he talks about interference in investigations... that is exactly what he was doing in the Phahlane investigation”

Mr O'Sullivan states the affidavit Mr Khuba prepared in January 2026 makes no mention of General Mkhwanazi interfering in the Phahlane investigation.

“As recent as January 2026... he prepares an affidavit... he does not say anything about General Mkhwanazi approaching him to interfere in the Phahlane investigation”

At the time of the events in question, the speaker was on the ground and knew what was going on concerning Mahlangu and Nkabinde, and that Mkhwanazi was fishing for information about Robert McBride and Paul O'Sullivan.

“I knew that this related to Mandla Mahlangu, by the way, Cedric Nkabinde... he does mention that Mkhwanazi was fishing to see what he could find out about Robert McBride and Paul O'Sullivan”

The speaker agrees it is warranted to get a detailed statement or testimony from General Mkhwanazi to clarify the allegations against him.

“I agree with you, but I do believe it is warranted, if possible, to either get the gentleman in or have one of the investigators take a more detailed statement from him”

General Mkhwanazi requested information that could implicate McBride in criminal wrongdoing involving Paul O'Sullivan.

“Mkhwanazi asked me for information that could implicate McBride in criminal wrongdoing involving Mr Paul O'Sullivan”

General Mkhwanazi was involved in unlawful prosecutable conduct relating to General Phahlane in 2017 and 2018, attempting to prevent investigations and prosecutions.

“unlawful prosecutable conduct of General Mkhwanazi pertaining to General Phahlane relating to offences, I believe, were committed in 2017 and 2018, when General Mkhwanazi was involved in unlawful attempts to prevent investigations and prosecution of General Phahlane”

Cedric Nkabinde was recruited into the Phahlane camp by General Mkhwanazi and provided a sworn statement in a failed High Court case to have charges against General Phahlane dismissed.

“Cedric Nkabinde, he went across to the other side. He left IPID and he went into the Phahlane camp and he was recruited into the Phahlane camp by General Mkhwanazi, and he provided a sworn statement in a High Court case where General Phahlane launched an application to try and have the charges against him thrown out of court, and he failed”

Mandla Mahlangu refused to sign a statement related to Cedric Nkabinde and was subsequently murdered because of it.

“we found out that it was Mandla Mahlangu who had not signed and he refused to sign. Unfortunately, he was murdered because of it”

Mr O'Sullivan has never received a Louis Vuitton bag from General Mkhwanazi and doubts the accuracy of the media article suggesting otherwise.

“I have never received a Louis Vuitton bag. Instead, he makes throwaway comments, such as, at least my wife now knows what a Louis Vuitton bag is valued at... That is my understanding, Commissioner.”

Commissioner Mkhwanazi and others were subpoenaed by the Investigating Directorate for failing to declare Louis Vuitton handbags received from controversial businessmen and an ASPS supplier, Inbanathan Kistiah.

“Commissioner Mkhwanazi were last weeks slapped with subpoenas by the Investigating Directorate, ID, to explain why they failed to declare Louis Vuitton handbags they received from controversial businessmen and ASPS supplier, Inbanathan Kistiah”

The Investigating Directorate issued a subpoena listing specific requests related to the Louis Vuitton bags, including communication records, photographs, and sworn statements.

“It is that page of the subpoena. It is listing four items: '1. All ID/IDAC communications and/or subpoenas sent or served on Lieutenant General Mkhwanazi and/or General Fannie Masemola ... A photograph certified as a photo of the Louis Vuitton bag currently in the evidence locker or evidence room of ID/IDAC ... A certified copy of the sworn statement provided to ID/IDAC by the Brigadier that attended on the overseas trip with General Mkhwanazi and General Fannie Masemola'”

Mr O'Sullivan testifies that General Mkhwanazi denied ever receiving a Louis Vuitton bag and the comment about the value of such a bag was a dismissive remark.

“No where could I see him saying, by the way, for the record, I never received any Louis Vuitton bag. Instead he gives this throwaway comment, at least my wife now knows what a Louis Vuitton bag is worth”

General Mkhwanazi allegedly turned a blind eye to unlawful political interference during his time as Acting National Commissioner in 2012 and acquiesced to unlawful instructions, then helped cover it up.

“During his period as Acting National Commissioner in 2012, General Mkhwanazi himself turned a blind eye to unlawful political interference relating to the then Divisional Commissioner of Crime Intelligence, Lieutenant General Richard Mdluli. In fact, General Mkhwanazi not only turned a blind eye, but he also acquiesced to patently unlawful instructions, then later helped to cover it up.”

Minister Nathi Mthethwa instructed General Mkhwanazi to uplift the suspension of General Mdluli, despite General Mkhwanazi later claiming this instruction was illegal but still complying with it.

“A t t h e m e e t i n g w i t h M i n i s t e r M t h e t h w a a n d t h e I n s p e c t o r G e n e r a l o f I n t e l l i g e n c e , t h e M i n i s t e r i n s t r u c t e d G e n e r a l M k h w a n a z i t o u p l i f t t h e s u s p e n s i o n o f G e n e r a l M d l u l i . G e n e r a l M k h w a n a z i l a t e r c l a i m s t o h a v e i n f o r m e d M i n i s t e r M t h e t h w a a t th i s i n s t r u c t i o n w a s i l l e g a l . N e v e r t h e l e s s , h e a c q u i e s c e d”

General Mkhwanazi uplifted the suspension of General Mdluli on 27 March 2012 and assigned him additional responsibility of protecting the President and Ministers in the VIP Protection unit despite the suspension.

“General Mkhwanazi uplifted the suspension of General Mdluli on the 27th of March 2012 and he returned to work, where he was also handed the additional responsibility of protecting the President and Ministers”

After the launch of the Freedom Under Law application, new disciplinary proceedings were instituted against General Mdluli, and on 25 May 2012, General Mkhwanazi suspended General Mdluli again, reversing his earlier decision due to public pressure.

“after the Freedom Under Law application was launched, new disciplinary proceedings were instituted against General Mdluli and on the 25th of May 2012, General Mkhwanazi recanted his earlier decision and suspended General Mdluli again. Public pressure was building”

General Mkhwanazi was pressured by President Zuma in early June 2012 to withdraw the new disciplinary proceedings and suspension of General Mdluli.

“At the start of June, General Mkhwanazi met with President Zuma and appears to have been pressurised to withdraw the new disciplinary proceedings against General Mdluli and his suspension”

General Mkhwanazi agreed not to continue as Acting National Commissioner beyond the appointment of General Phiyega on 12 June 2012, who had no policing experience.

“it was agreed that General Mkhwanazi would not continue as Acting National Commissioner beyond the few remaining weeks that were required to appoint a new National Commissioner, General Phiyega . With zero policing experience … was duly appointed on the 12th of June.”

General Mkhwanazi readily succumbed to political pressure and implemented the illegal instruction of the Police Minister to uplift the suspension of General Mdluli while knowing the instruction was illegal.

“the narrative of General Mkhwanazi shows that he readily succumbed to political pressure and implemented the illegal instruction of the Minister to uplift the suspension of General Mdluli whilst at all material times knowing that this instruction was illegal”

General Mkhwanazi stated under oath in 2020 that he knew at all material times in 2012 that the instruction to uplift General Mdluli's suspension was illegal.

“he says so under oath in 2020”

In Parliament on 19 April 2012, General Mkhwanazi refused to reveal the higher authority that instructed him to lift General Mdluli's suspension, only stating he acted according to 'higher authority'.

“he said I acted according to higher authority. And when he was asked what the higher authority was, he declined to say”

General Mkhwanazi did not deny acting on a higher authority in his answering affidavit and remained silent about it for eight years until 2020.

“he does not deny that he was acting on a higher authority. In fact, he keeps quiet about it. He keeps quiet about it for eight years and only comes out with it in 2020”

General Mkhwanazi colluded with illegal interference by the Minister and President in relation to the Freedom Under Law litigation to cover up executive interference in SAPS, which he knew was unlawful.

“General Mkhwanazi's collusion with the illegal interference of the Minister and the President is even more stark... he assisted to cover up the executive interference in the SAPS, which he knew to be unlawful”

General Mkhwanazi did not admit to the allegations of executive interference in his answering affidavit to the Freedom Under Law urgent interdict, instead opposing the urgent interdict on spurious grounds.

“General Mkhwanazi did not admit the relevant facts. Instead, he deposed to an affidavit which did not respond to the allegations but nevertheless opposed on spurious grounds the urgent interdicts ought to prevent General Mdluli from executing police functions”

Judge Makgoba expressed concern about allegations of political interference in the disciplinary process and noted General Mkhwanazi had not disputed them in his answering affidavit in Part A proceedings of Freedom Under Law.

“Makgoba J expressed concern about the allegations of political interference in the disciplinary process and noted that Mkhwanazi had not disputed them in his answering affidavit”

The Supreme Court of Appeal judgment noted that General Mkhwanazi was instructed by higher authorities to withdraw disciplinary charges and reinstate General Mdluli, and that Mkhwanazi failed to make an independent decision, rendering his actions reviewable.

“Freedom Under Law relied in its founding affidavit on a statement by the then acting Commissioner, Lieutenant General Mkhwanazi, in Parliament that he was instructed by authorities beyond him to withdraw disciplinary charges and reinstate Mdluli in his office... Freedom Under Law added that in doing so Mkhwanazi had failed to make an independent decision, which rendered his actions reviewable”

General Mkhwanazi did not deal with allegations of political interference in his answering affidavit during interdict proceedings in Part A of the Freedom Under Law case.

“Though Mkhwanazi filed an answering affidavit in the interdict proceedings in Part A of the Notice of Motion, he did not deal with these allegations”

Freedom Under Law's complaint of 6 July alleged criminal interference penetrating the police and executive overreach involving ministerial interference in police management in 2012, of which General Mkhwanazi was a party and helped cover up for almost eight years, revealing it only in 2020.

“his complaint on the 6th of July last year had two legs to it. One was criminal interference or penetration of the police, and the second leg was the executive overreach, the Ministerial interference in the management of the police, which is exactly what happened in 2012. And he was a party to it, and not only was he a party to it, he helped cover it up for the better part of eighty years. And only in 020 does he come out with it”

General Mkhwanazi did not inform the Commission in confidence that he was engaged in similar activities 14 years ago, despite now speaking out about political interference.

“he did not take the Commission into his confidence and say, by the way, although I am speaking out about it now, I just want to inform you that 14 years ago, I was engaged in just the same activity”

Mr O'Sullivan asserts that the Commission was previously unaware that the conduct Mr Mkhwanazi is now complaining about was exactly the conduct he was involved in years back.

“this Commission would be completely unaware of the fact that the conduct he is now complaining of was exactly the conduct that he was involved in some years back”

Mr O'Sullivan implies that if one claims to be a whistleblower, he/she should be a whistleblower with clean hands, implying Mr Mkhwanazi may not qualify as such.

“if you are going to be a whistle blower, as he claims to be, you should be a whistle blower with clean hands”

Mr O'Sullivan suggests Mr Mkhwanazi previously colluded in similar conduct and this undermines his credibility as a whistleblower in 2025 complaining about political interference.

“he previously colluded according to you, and then come July 2025 he decides not any more”

Mr O'Sullivan argues it would have been better had Mr Mkhwanazi taken action in writing instead of speaking out at a media conference to avoid public confidence loss in the criminal justice system.

“I think it would have been better, rather than speak out at a media conference, to take action without drawing down the public confidence in the criminal justice system”

The SCA judgment (Murphy judgment) is scathing against the police and specifically against Generals Phiyega and Mkhwanazi for political interference in disciplinary processes, and it had been kept hidden for over 10 years.

“it is the High Court and it is a scathing judgment against, this is what is referred to as the Murphy judgment, and it is a scathing judgment against the police... And against, in particular, General Phiyega and General Mkhwanazi, against both of them. And this judgment has not seen the light of day for probably 10 years or more”

The Murphy judgment found that General Mkhwanazi dropped disciplinary charges on orders from unknown persons beyond the Acting Commissioner, which was unlawful and a violation of discretionary power principles.

“Mkhwanazi dropped the disciplinary charges on orders from above, is furthermore borne out by the Rule 53 record filed on his behalf... The inescapable finding is that the decision of the Acting Commissioner to withdraw the disciplinary charges and to reinstate Mdluli as Head of Crime Intelligence were taken in an attitude of subservience pursuant to an unlawful dictation from a person unknown who was beyond the Acting Commissioner”

Mr O'Sullivan questions the significance of Mr Mkhwanazi speaking up about previous collusion and cover-up when investigating political interference.

“what difference does it make that, he has spoken up. We are investigating exactly that as a Commission, whether indeed there has been political interference”

General Mkhwanazi was involved in misconduct 14 years ago and covered it up for 8 years, only revealing a version of events at the Zondo Commission without full details of what actually took place.

“no t only was h e p r e v i o u s l y i n v o l v e d i n t h a t c o n d u c t , b u t f o r 8 y e a r s h e c o v e r e d i t u p , f o r 8 w h o l e y e a r s . A n d i t o n l y c a m e o u t w h e n h e m a d e h i s s t a t e m e n t a t t h e Z o n d o C o m m i s s i o n”

General Mkhwanazi covered up the illegal instructions he received from Minister Mthethwa and political interference from Minister Mthethwa and President Zuma, and failed to tell the truth in court until partly coming clean during interviews at the State Capture Commission led by Justice Zondo.

“General Mkhw a n a z i c o n t i n u e d t o c o v e r u p t h e i l l e g a l i n s t r u c t i o n h e ' d b e e n g i v e n b y M i n i s t e r M t h e t h w a a a n d t h e p o l i t i c a l i n t e r f e r e n c e o f b o t h M i n i s t e r M t h e t h w a a n d P r e s i d e n t Z u m a ... He... only finally came partly clean when he was interviewed by the investigators at the State Capture Commission , led by Justice Zondo .”

General Mkhwanazi's conduct in 2011-12 intended to unlawfully protect the Crime Intelligence Divisional Head, similarly to his conduct in 2025, to protect the Crime Intelligence Divisional Head and those under him.

“in 2 0 1 1 - 1 2 G e n e r a l M k h w a n a z i ' s c o n d u c t w a s i n t e n d e d t o u n l a w f u l l y p r o t e c t t h e C r i m e I n t e l l i g e n c e D i v i s i o n a l H e a d , m u c h t h e s a m e a s h i s c o n d u c t i n 2 0 2 5 i s i n t e n d e d t o p r o t e c t t h e C r i m e I n t e l l i g e n c e D i v i s i o n a l H e a d a n d t h o s e u n d e r h i m”

General Mkhwanazi covered up and maintained silence during the period of suspension and court cases involving Richard Ndluli, despite the case being public in media and the Supreme Court of Appeal detailing how General Phiyega misled the High Court and General Mkhwanazi kept quiet.

“he cove red u p , a n d s e c o n d l y , h e c o n t i n u e d t o c o v e r u p ... M a i n t a i n i n g s i l e n c e , b e c a u s e w h a t h a p p e n e d ... d u r i n g t h a t p e r i o d t h e w h o l e t h i n g w a s a r g u e d o u t i n c o u r t ... A n d t h e S u p r e m e C o u r t o f A p p e a l g o i n t o s o m e d e t a i l a b o u t h o w G e n e r a l P h i y e g a m i s l e d t h e H i g h C o u r t , a n d G e n e r a l M k h w a n a z i k e p t q u i e t”

General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits in court regarding Lieutenant General Mdluli’s case, but did nothing about the grievance allowing falsehoods to be presented to the court.

“Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits in court regarding Lieutenant General Mdluli’s case ... other than lodging grievance he did nothing about it . He allowed her to lie to the court”

The National Commissioner informed the court wrongly regarding Lieutenant General Mkhwanazi's actions on the Mdluli matter and wrongly stated that General Mkhwanazi had not received instructions from a higher authority; a confirmatory affidavit from General Mkhwanazi was promised but never supplied, and even the Supreme Court of Appeal could not get one.

“The National Commissioner informed the court wrongly with regard to Lieutenant General Mkhwanazi’s actions on the Mdluli matter ... she wrongly informed the court that General Mkhwanazi had not received instructions from a higher authority ... it was never supplied ... even when it went to the Supreme Court of Appeal they still could not supply a confirmatory affidavit”

General Mkhwanazi was a party to the original Part A proceedings but was not a party to later proceedings where General Phiyega was the party being sued.

“He was a party to the original proceedings ... but he was no t a p a r t y to those proceedings where now General Phiyega is the party that is being sued.”

Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner about false affidavits lodged in court in relation to Lieutenant General Mdluli's case, corroborating that he did not act on the grievance allowing false information to be presented to court.

“Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits ... other than lodging a grievance he did nothing about it ... He allowed her to lie to the court”

General Mkhwanazi stated in Parliament that the decision to withdraw charges was made on or dictated by higher authority but never specified that the higher authority was the Minister of Police, resulting in criticism for lack of transparency.

“General Mkhwanazi had already said in Parliament that he made the decision on higher authority or it was dictated by higher authority ... He did not say the higher authority is the Minister.”

General Mkhwanazi kept quiet for 8 years about political interference except that in 2015 he spoke about interference without naming the party, and lodged a grievance about General Phiyega misleading the court in the Mdluli matter.

“General Mkhwanazi kept quiet for 8 years about the political interference ... as far back as 2015, he spoke about the fact that General Phiyega misled the court in relation to the Mdluli matter ... he lodged a grievance ...”

There was a cover-up because General Mkhwanazi was asked what higher authority instructed the withdrawal of charges but refused to answer, implying concealment of the Minister's role.

“At the Parliamentary Committee, it was asked what higher authority? He could not answer. He should have said the Minister of Police instructed me. Instead, he covered the thing up.”

General Mkhwanazi covered up the decision and did not disclose the full details and dates of meetings related to the withdrawal of charges when giving evidence.

“He covered it up all the way along ... He kept quiet about the matter ... The information that is missing is the dates of the meeting in respect of the Police Minister. That meeting date has been kept vague ... The thing was kept vague and I am saying it was deliberately kept vague ... I am not happy with keeping it vague.”

General Mkhwanazi was not truthful regarding the preparation of affidavits, and if consulted he would have stated the true facts.

“He was not even consulted when the affidavits were prepared, the point being that if he was consulted, he would have stated the true facts.”

General Mkhwanazi did not provide chapter and verse on events related to political interference at the Zondo Commission in 2020, though he mentioned dates of meetings in affidavits.

“What he stated to the Zondo Commission in 2020 was not chapter and verse. He did not ... The thing was kept vague and deliberately kept vague ... But in the affidavit before the Zondo Commission, he does mention the dates of the meetings.”

General Mkhwanazi kept the date of the meeting with the Police Minister vague despite knowing from March letters and a later June meeting with President Zuma that it occurred between March and June 2012.

“The information that is missing ... is the dates of the meeting in respect of the Police Minister. That meeting date has been kept vague ... But we know that it is March because the letters are the March letters ... and the meeting with President Zuma happens in June. So ... the date is between the two ... That is at least how I read paragraph 48, that the meeting would have happened between those two dates.”

General Mkhwanazi did not disclose knowing of an unlawful instruction from the Minister of Police until 8 years later, despite frequent media coverage and court proceedings.

“the only time this comes out is here, 8 years later. It never came out before then, never.”

General Mkhwanazi appears to have colluded to allow SAPS to put a dishonest version in their answering affidavit to Part B to the court.

“he appears to have colluded in allowing SAPS to put a dishonest version in their answering affidavit to Part B to the court.”

General Phiyega gave false information to the court denying instruction from above to General Mkhwanazi.

“General Phiyega gave a complete pack of lies to the court, which was published.”

Keeping quiet for 8 years about the unlawful instruction to General Mkhwanazi amount to acquiescing to crime and being part of a cover-up.

“Keeping quiet for 8 years, I am saying, is acquiescing to crime.”

General Mkhwanazi was aware of the unlawful obstruction allegations central to the Freedom Under Law application and chose to sidestep those allegations in his deposition, thus acquiescing to the cover-up by omission or deliberate participation.

“General Mkhwanazi was aware of the allegations in the Freedom Under Law application because the founding affidavit had been served on SAPS while he was Acting National Commissioner and he had deposed to the initial answer ... but chose to sidestep the unlawful obstruction allegation and simply not comment ... if he knew and chose to keep quiet, he colludes by omission ... or he was part of the cover-up.”

General Mkhwanazi made a grievance against General Phiyega for being untruthful in her answering affidavit to the High Court, indicating he knew of the allegation of unlawful obstruction to him at the center of the application.

“General Mkhwanazi therefore knew that the allegation of an unlawful obstruction to him was at the centre of the application and the reply from General Phiyega would have to admit that central allegation if she was not going to perjure herself.”

General Mkhwanazi's claim that he was completely unaware of the contents of General Phiyega's affidavit is unconvincing because he lodged a grievance about her untruthfulness.

“General Mkhwanazi claims in his affidavit ... that he was completely unaware of the contents of General Phiyega's affidavit ... I find that claim unconvincing because he had made a grievance against her for being untruthful in her answering affidavit to the High Court.”

General Mkhwanazi knew the core allegation of unlawful obstruction was part of the Freedom Under Law application while he was Acting National Commissioner and chose to sidestep the allegation rather than confront it.

“General Mkhwanazi was aware of the allegations in the Freedom Under Law application because the founding affidavit had been served on SAPS whilst he was Acting National Commissioner and he had deposed to the initial answer ... chose to sidestep the unlawful obstruction allegation and simply not comment.”

General Mkhwanazi had ample opportunity during the media coverage and court proceedings to speak out but chose to keep quiet, effectively assisting in a cover-up.

“He had ample opportunity to not keep quiet, and he did not do so, and he was a policeman.”

General Mkhwanazi colluded in an illegal process of political interference designed to keep General Mdluli in charge of the division of Crime Intelligence and regularly stole secret funds.

“Given General Mkhwanazi's own collusion in an illegal process of political interference, designed to keep Mdluli in charge of the division of Crime Intelligence and its regularly stolen secret funds”

In 2011/12 General Mkhwanazi protected one General in Crime Intelligence, Lieutenant General Mdluli, and in 2025 he protected five Generals in Crime Intelligence.

“in 2011/12 he was protecting one General in Crime Intelligence which was Lieutenant General Mdluli and in 2025 he is protecting five Generals in Crime Intelligence”

General Mkhwanazi instructed Lieutenant General Stander to appoint an outside person to assess the available evidence regarding General Mdluli and advise on the way forward around fraud and corruption charges towards the end of 2011.

“he then decided to instruct Lieutenant General Stander to appoint an outside person to assess the available evidence to determine whether it implicated General Mdluli and then to advise me on the way forward. These events took place roughly towards the end of 2011”

General Mkhwanazi suspended General Mdluli again on 25 May following the launch of the Freedom Under Law urgent application.

“General Mkhwanazi re-suspended General Mdluli on the 25th of May”

Minister's suspension of General Mdluli was influenced by an urgent application launched by Freedom Under Law on 15 May.

“soon the same day that FUL launched the urgent application, you are aware that General Mkhwanazi did suspend General Mdluli again? Ten days later. The Freedom Under Law case was launched on the 15th of May”

General Mkhwanazi had to re-suspend General Mdluli because he received the urgent application on his desk and had no choice but to act accordingly.

“he did not really have much of a choice, because this application landed on his desk on the 15th of May. So ten days later, while he is doing his affidavit to respond to this application, this urgent application, he re-suspends him, and I am saying he was in a corner. He had no choice. He had to do it”

General Mkhwanazi filed an answering affidavit in interim interdict proceedings but did not deal with the specific allegations.

“Though Mkhwanazi filed an answering affidavit in the interim interdict proceedings in Part A of the Notice of Motion, he did not deal with these allegations.”

The court concluded that decisions were either dictated to by Mkhwanazi or taken for no reason at all, as neither Mkhwanazi nor Phiyega provided reasons for impugned decisions.

“I do not believe this finding can be faulted. Moreover, after all is said and done, neither Mkhwanazi nor Phiyega gave any reasons for the impugned decision. ... the inevitable conclusion is that the decisions were either dictated to by Mkhwanazi or were taken for no reason at all.”

The Supreme Court of Appeal struck the evidence of Phiyega because there was no confirmatory affidavit from General Mkhwanazi to support it, rendering the evidence immaterial.

“what they have done in the Supreme Court of Appeal is they have struck the evidence of Phiyega because she stated on the oath that this is actually what really happened and to prove it, I am going to come with a confirmatory affidavit from General Mkhwanazi. And since there was no confirmatory affidavit, they struck that evidence. They said that is immaterial.”

The inevitable conclusion is that General Mkhwanazi was dictated to by those above him and did not answer specific allegations made by FUL.

“The inevitable conclusion is that he was dictated to by those above him.”

In 2011/2012, General Mkhwanazi's conduct was intended to unlawfully protect the Crime Intelligence Divisional Head, similar to his conduct in 2025 to protect the same.

“For example, in 2011/2012, General Mkhwanazi's conduct was intended to unlawfully protect Crime Intelligence Divisional Head, much the same as his conduct in 2025 is intended to protect the Criminal Intelligence Divisional Head and those under him.”

A letter demanding urgent suspension of persons charged with corruption was sent to Commissioner Masemola, but no suspensions have occurred.

“we have taken that media briefing of General Mkhwanazi, and ... we have sent a very strong letter to Commissioner Masemola ... demanding that these people be urgently suspended, because they have all been charged with corruption ... No one has been suspended. To this very day no one of them has been suspended.”

General Mkhwanazi denies corruption charges claiming it is an HR matter, a view disagreed with by the speaker.

“According to General Mkhwanazi it is not corruption, it is an HR matter. I do not agree with that. It is corruption.”

General Mkhwanazi accused the speaker of handing the country over to a crime syndicate because the speaker called for suspension of five Generals and two Brigadiers.

“So because I have called for the suspension of these five Generals and two Brigadiers, General Mkhwanazi is accusing me of handing the country over to a crime syndicate.”

Mr O'Sullivan states the allegations made that day are true and should be investigated by the Commission.

“Absolutely.”

Mr O'Sullivan was named by General Mkhwanazi because he called for the suspension of five Generals and two Brigadiers, having no knowledge of the drug cartels and other implicated parties until hearing about them in the media.

“I had no knowledge of what was going on until I heard about it in the media . But for him to name me, why was he naming me ? ... I got my attorneys to write a letter to General Masemola and demand that these five Generals and two Brigadiers be suspended . That is why I was named .”

Mr O'Sullivan states it is not for the Commission to decide the motive behind General Mkhwanazi's press conference but to investigate the allegations.

“I prefer myself to be the bringer of information, not the decider of facts.”

The PowerPoint presentation used by General Mkhwanazi had metadata showing it was created on a SAPS computer, not Mkhwanazi's personal computer.

“The PowerPoint presentation used by Mkhwanazi had metadata which showed it had been created on a SAPS computer, which is, emphasis, not Mkhwanazi's computer.”

It is unknown who prepared the PowerPoint presentation and where it was typed, raising questions about transparency regarding the media presentation.

“it may well be that the person that prepared this presentation Is not from Mkhwanazi's office at all ... But until we know who actually prepared that presentation, why not be transparent about it and say by the way, on such and such a date I sat down with this person, this person, that person and we prepared this presentation ... there is an opportunity to have transparency and it would be wise to do that.”

The PowerPoint presentation was said to be prepared by a collective within SAPS, not just General Mkhwanazi alone.

“General Mkhwanazi says it is a whole lot of us ... not created on his own computer, but on another SAPS computer ... a member of SAPS ... the collective that General Mkhwanazi references in his statement”

Despite the claim of a collective preparing the presentation, it was argued that only one person actually typed the presentation.

“One person typed this, not a collective.”

Mr O'Sullivan believes the media conference had a motive according to General Mkhwanazi but suspects there may have been a 'third force' influencing the matter, and questions the process's transparency and the presence of armed guards.

“when I ask this question, it links to a previous question I made ... about the motive to this media conference ... the motive according to General Mkhwanazi was that ... I am going to become a whistleblower ... I am surrounded by people with machine guns and balaclavas ... there could have been other ways of getting the same amount of attention on this matter without necessarily having this whole media briefing ...”

Mr Mkhwanazi agreed that the process should include Chief Mapiyeye to make him feel part of the process but indicated that not everything would be disclosed to him yet.

“I agree with you hundred percent. But for now, let us formalise with him, just to meet with him, so that he may feel that he is part of the process. But with him, we are not going to disclose everything.”

Work is underway on a draft Memorandum of Understanding (MOU) between Medicare 24/Anubis Protection Services and EMPD, signed by Mr Mkhwanazi, and a separate MOU for Mr Matlala's entities.

“there is now work underway on an MOU and, in fact, the draft MOU ... is already signed by Mr Mkhwanazi ... and there is a separate MOU ... for Mr Matlala's entities”

Mr Mkhwanazi is preparing cards for members of the planned specialised unit with contact points for queries being himself as Director Mkhwanazi.

“Mr van Wyk sends ... a mock-up of a card that represents something of a joint venture between Anubis Protection and EMPD... Mr Mkhwanazi is preparing cards... the contact point ... is Director Mkhwanazi”

Red lights can only be displayed on an emergency services vehicle, but blue lights need some police authority. Blue lights require the vehicle to be registered on the EMPD fleet, which justifies the blue lights.

“Now the red lights are neither here nor there because if it is for an emergency services vehicle, you are entitled to display red lights and Medicare 24 was a registered emergency care provider. But the blue lights you need some sort of police authority for. And he is saying to Mr Mkhwanazi, can I put blue lights on? ... we understand to be having the vehicle registered on the EMPD fleet, which in turn will then justify the blue lights.”

Mr Mkhwanazi confirms his team is dealing with the policy related to outsider vehicles having blue lights registered on EMPD fleet.

“Mr Mkhwanazi is saying my team has been instructed to deal with the policy and we understand that policy to be related to the issue of outsiders to the EMPD having their cars registered on the EMPD fleet and having blue lights.”

Mr van Wyk and Commissioner Mkhwanazi discussed establishing a reserve force for EMPD involving private individuals engaged in a similar capacity to police reservists in SAPS.

“Mr van Wyk and Commissioner Mkhwanazi are floating the idea of establishing a reserve force for the EMPD, which would then involve private individuals who are not EMPD employees being engaged by the EMPD in some sort of capacity, just like police reservists engage with the SAPS.”

The idea of establishing the EMPD reserve force grew out of the special force idea and was first indicated on 2 December 2021 in messages between Commissioner Mkhwanazi and Mr van Wyk.

“The first sign that we have of that as an idea growing out of the special force idea appears at that message on the 2nd of December 2021 at the foot of page 597 ... where Commissioner Mkhwanazi says: "Good morning Mike, we are starting with a project of reserve formation." And Mr van Wyk responds: "Please contact me so I know where we stand and hopefully I will be in charge of the reserves, LOL."”

Mr van Wyk sent a mock-up of the specialised services joint venture between Anubis and EMPD to Commissioner Mkhwanazi, who responded requesting preparation for appointment card finalisation due to increased cars.

“Mr van Wyk sends that mock-up of the specialised services JV between Anubis and EMPD through to Commissioner Mkhwanazi ... Commissioner Mkhwanazi sends him a message saying: "Good morning Mike. Kindly prepare, Cwabe will be coming to finalise the issue of appointment cards today... we will be meeting with our fleet guy this morning so we get directions since the cars have increased and finalised."”

Commissioner Mkhwanazi is involved in arranging official appointment cards for officers and coordinating adding members to appointment cards to confer policing authority without specifying demarcation such as EMPD.

“the message from Commissioner Mkhwanazi is to say: 'Cwabe will be coming to finalise the issue of appointment cards today, I have given him a clue' ... 'The appointments should not specify the demarcation and we need it as soon as yesterday' ... 'I will also call and remind him again after 8.30 on the issue of adding members to appointment cards.'”

There is an apparent bribe paid by Mr van Wyk to Commissioner Mkhwanazi related to appointment cards and authorization of blue lights, implied by coded messages referencing an amount approved for 'APPT'.

“Now we get to something which in our view looks like a bribe that is paid by Mr van Wyk to Commissioner Mkhwanazi in respect of these appointment cards and the authorisation of blue lights ... Mr van Wyk sends two messages on the 6th of December to Commissioner Mkhwanazi. The first says: 'The amount we spoke about is APPT.' And then he says 'approved'.”

Mr van Wyk pressured Commissioner Mkhwanazi urgently to authorize blue lights to avoid his boss being arrested, implying use of money and urgent delivery connected to appointment cards and authorization.

“Mr van Wyk saying, I need to know where we stand, you need to do Christmas shopping ... I need to make sure my boss is not in jail for blue lights ... I need blue lights to be authorised.”

There is a coordinated process about organizing vehicles to appear on the EMPD fleet with blue lights and issuing appointment cards to confer policing authority involving criminal record checks.

“We are talking at this stage about processes to finalise two separate issues. The one is the organisation of the vehicles so that they will appear on the EMPD fleet and be able to use blue lights. And the second is these appointment cards that will give the appearance that the holders have some sort of policing power. There is an issue in relation to the appointment cards which relates to criminal records because the process of issuing cards to law enforcement authorities involves some sort of criminal record check.”

Mr Van Wyk was involved in securing appointment cards and confirming appointments for police powers, interacting with Commissioner Mkhwanazi.

“Mr Van Wyk is asking for confirmation of the meeting for the appointment cards ... Mr Van Wyk was now going to ask for confirmation that they have been loaded onto the law enforcement system ... the response from Commissioner Mkhwanazi ... "you are loaded on a system" ... "we are finalizing today with the National Chief"”

Mr Van Wyk and Mr Matlala acquired some kind of law enforcement status allowing blue lights to be fitted to some of their vehicles through a process involving Commissioner Mkhwanazi, which took several months.

“Mr Matlala and Mr Van Wyk have acquired a status which has enabled them to have blue lights fitted to some of their vehicles ... a process stretching over several months ... they were able to acquire some form of appointment that would reflect their status as having certain law enforcement ... some kind of law enforcement status ... and with that blue lights for their vehicles”

Commissioner Mkhwanazi informs Mr Van Wyk that some security companies are charging 10% of the recovered stock from hijacking incidents as a payout.

“Commissioner Mkhwanazi is alerting Mr Van Wyk to the fact that some security companies are able to receive payouts of 10% on the stock that they recover from hijackings”

Mr Mkhwanazi plans to establish a team including brand owners, EM and Mr Van Wyk to get information about hijacked trucks and robbed stock.

“I will establish a team of brand owners, EM PD and you. That is where we will be getting information about hijacked trucks, robbed stock.”

The contemplated plan involves collaboration between Mr Mkhwanazi and Mr Van Wyk to get tip-offs from EMPD about hijacked trucks so that Mr Van Wyk's entities can recover stolen cargo and receive a 10% reward shared between them.

“...what is being contemplated here is an arrangement in terms of which Mr Mkhwanazi and Mr Van Wyk will collaborate so that Mr Van Wyk gets tip-offs from EMPD about where hijacked trucks may be and then there will be a 10% reward for recovered stock, which presumably is going to be shared.”

Payments were made from companies associated with Mr Matlala into the bank account of Commissioner Mkhwanazi, suggesting potential gratuities for favours.

“payment of R20,000.00 which comes with a reference Matlala ... payment with the same reference, Matlala ... another R30,000.00 payment into the account of Commissioner Mkhwanazi with the reference Matlala ... that R30,000.00 payment comes from a different company of Mr Matlala, Black AK Trading ... R30,000.00 payment on 10 December also with the reference, Matlala ... on the 8th of June a R20,000.00 payment is made into his account with the reference Matlala ... 18th of June there is a R20,000.00 payment with the reference, Matlala”

There is a WhatsApp conversation where Commissioner Mkhwanazi complains to Mr Van Wyk about his poverty, suggesting financial dependence or hardship.

“Commissioner Mkhwanazi messages Mr Van Wyk saying: "Good morning, Mike. Poverty is dealing with me. I am home."”

There was an attempt by Mr Van Wyk and Commissioner Mkhwanazi to get the MEC for Safety and Security or Municipal Policing onboard with the idea of a specialised unit to work alongside EMPD, which never materialized.

“there was an attempt by Mr Van Wyk and Mr Mkhwanazi to get the MEC for Safety and Security or Municipal Policing ... on board with this idea of a specialised unit ... but that never materialised”

Senior members of the police including General Sithole (former National Commissioner), General Mkhwanazi, former Minister General Cele, and former National Head General Lebeya are connected to the case involving the theft of 541 kg of drugs.

“I see there is General Sithole, the former National Commissioner. I see there is General Mkhwanazi. I see the former Minister General Cele. I see the former National Head General Lebeya... those are Mandrax... the place is the place where the drugs were stolen, this 541 kg.”

The IPID recommended that all members involved in the arrest must be charged departmentally, but only General Khan was charged and was found not guilty, and an impression was created that he was being victimized.

“IPID then recommended that all members involved in our arrest must be charged departmentally. However, General Khan was charged ... General Khan was not found guilty ... An impression was created that he was being victimized”

The report leads to a domino effect drawing in General Khan, General Khumalo, General Mkhwanazi, Brown Mogotsi, and the Minister's Office, through processes involving interference and influence, ultimately contributing to the Commission itself.

“The recommendations in your report are what leads to General Khan being charged...General Khumalo getting involved...General Mkhwanazi getting involved...Brown Mogotsi interfering...Minister's Office getting involved...part of the dots that lead to this Commission.”

Lieutenant General Mkhwanazi acquitted Major General Khan for reasons unclear to Witness I due to unclear and contradictory witness evidence and insufficient evidence.

“Around end of February 2025, I found out that Lieutenant General Mkhwanazi had acquitted Major General Khan for reasons unclear to me. ... witnesses were not clear and contradicted each other. They also noted that the evidence was not sufficient.”

General Mkhwanazi viewed the arrests of General Khumalo and others as evidence of organized crime having influence over the criminal justice system.

“General Mkhwanazi clearly regarded those arrests as evidence of organized crime hold over the criminal justice system.”

Either there is a genuine investigation into illegal use of Crime Intelligence funds and appointments or the arrests are an attempt by organized crime to frame General Khumalo with false offenses.

“Either there is a genuine investigation into the illegal use of Crime Intelligence funds in relation to these properties and the illegal appointment of a Crime Intelligence Brigadier... The other option is that General Mkhwanazi was right and this was an attempt by Organized Crime to essentially frame General Khumalo in relation to false offenses.”

Mr Mogotsi admitted interest in General Khumalo, confirming a communication with General Mkhwanazi in September by WhatsApp as an opening gambit.

“you sent him WhatsApp’s ... My General, Brown Mogotsi from the North West. An internal attempt to discredit you through defeating the ends case.”

General Khumalo is implicated as trying to discredit General Mkhwanazi.

“To discredit General Mkhwanazi.”

General Mkhwanazi states that the illegal search at the prison offices was conducted on the premise of a high-ranking DCS official and denies that General Khumalo is behind an attempt to frame him.

“He says : “ I know that matter very well. When the illegal operation was conducted, the premise of the high-ranking DCS official ...” ... He responds to your suggestion that General Khumalo is behind this attempt to frame him”

General Mkhwanazi alleges that General Khumalo at a Crime Intelligence briefing accused him of having his own cartel and of not listening to Crime Intelligence.

“General Mkhwanazi . “ ... are having your interest and that may be you are having your own cartel. You do not listen to Crime Intelligence.””

Mr Mogotsi claims that calls/messages to General Mkhwanazi or any General in the province typically do not receive responses unless the message is what the General wants to hear.

“Logically, anyone here, if you can pick up a phone and send a message to General Mkhwanazi or any General in the province, he will not respond ... he will not respond to those things if you do not tell him what he wants to hear.”

Mr Mogotsi admits he has access to a Crime Intelligence briefing and was able to give a screenshot to General Mkhwanazi.

“You clearly had access to a Crime Intelligence briefing and you gave him a screenshot.”

Mr Mogotsi admits there was an OB entry about a correctional officer arrested with drugs which he said to General Mkhwanazi was true.

“It was not false . . . there was an OB entry . . . a correctional officer was arrested with drugs”

Mr Mogotsi had a handler who knew when he was talking to General Mkhwanazi and was aware he would relay certain information.

“My handler knew when I started talking to General Mkhwanazi. My handler knew.”

Mr Mogotsi denies that his handler knew he would lie to General Mkhwanazi about General Khumalo meeting with the complainant to set him up and defeat an ends case against him.

“No, obviously, where the information of this nature comes, wherever, from the name where I showed you...”

Mr Mogotsi says he is not going to incriminate himself about telling lies to General Mkhwanazi or about statements regarding General Khumalo pushing a negative narrative and suggesting General Mkhwanazi had his own cartel.

“I am not going to incriminate myself on that one.”

Mr Mogotsi says his WhatsApp messages had the purpose of making General Mkhwanazi suspicious of General Khumalo, the Head of the PKT in KZN and the Divisional Commissioner of Crime Intelligence nationally.

“The whole purpose of your, or the whole tenor of your WhatsApp's was to make General Mkhwanazi suspicious of General Khumalo.”

Mr Mogotsi apologised and retracted an allegation suggesting General Mkhwanazi may have been linked to the CIA due to lack of tangible evidence.

“I did apologise. I can apologise again. And retracted that since I do not have tangible evidence, I should retract it, and that is what I have done.”

Mr Mogotsi denies that he was happy to tell a series of lies intended to interfere with the relationship between General Mkhwanazi and General Khumalo.

“No. No, let me not incriminate myself.”

Mr Mogotsi admits sowing suspicion between General Khumalo and General Mkhwanazi, who was the Provincial Commissioner of KZN and General Khumalo was Head of the PKT in KZN and Head of Crime Intelligence nationally.

“You were sowing suspicion between the Provincial Commissioner of KZN and General Khumalo, who was the Head of the PKT in KZN, and also the Head of Crime Intelligence nationally.”

Mr Mogotsi alleges that no one is concerned about why certain people travel long distances to open cases from their area of origin because cases cannot be opened there, referencing an incident where a magistrate recused himself due to attacks by General Mkhwanazi on the presiding officer who imposed bail conditions.

“no one is concerned that why these people are traveling for this so long distance to open cases , because where they come from , cases cannot be opened . When you gave an example earlier , Chair , about the arrest of those Generals , on the 6th of July when General Mkhwanazi spoke , if you could remember how he attacked the presiding officer who imposed those bail conditions . That magistrate also even recused himself from that case .”

Mr Mogotsi confirms attempts to sow division between General Khumalo and General Mkhwanazi, to have members of the PKT arrested for the raid on Mr Matlala, to involve IPID in an arrest arising from the raid, and an attempt to persuade the Minister that General Sibiya and Discipline General Khumalo are involved in a Constitutional Court judgment matter (Makala case).

“So , we have talked about your attempt to sow division between General Khumalo and General Mkhwanazi , your attempt to have members of the PKT arrested for the raid on Mr Matlala , your attempt to get IPID involved in an arrest arising out of the raid on Mr Matlala 's house . ... Your fourth , the fourth instance is your attempt to persuade the Minister that he or General Sibiya and discipline General Khumalo arising out the Constitutional Court judgment in the Makala case .”

Mr Mogotsi admits to sending a Signal message to Mr Matlala on 30 January which involved coordination about General Khumalo and General Mkhwanazi matters with Deputy National Commissioner Sibiya and Chief of Staff Nkabinde, indicating targeting of General Khumalo.

“Yes , this is what was also dealt with previously . ... Also meeting with the DNC and COS today , in other words , with Deputy National Commissioner Sibiya and Chief of Staff Nkabinde today in Durban for finalization of Khumalo and General Mkhwanazi 's matters . ... That looks like a sixth instance of your targeting General Khumalo .”

Mr Mogotsi denies spreading damaging lies about General Khumalo to General Mkhwanazi on 30 September and 1 October.

“No, that is not the case.”

Major General Khan was cleared of all charges by the Chairperson Lieutenant General Mkhwanazi, despite negative media attacks on the Chairperson and witnesses.

“General Khan was eventually cleared of all charges by the Chairperson. It came as no surprise to me as days leading to this hearing, the Chairperson of the disciplinary hearing, Lieutenant General Mkhwanazi, as well as the witnesses came under negative media attack.”

Commissioner Mkhwanazi appeared without legal representation today after a financial disagreement with his previous legal team.

“we could not reach some agreement in terms of finances”

Commissioner Mkhwanazi postponed his appearance today because his mother, Mrs. Rofina Petunia Mkhwanazi, passed away and her funeral was held a day after the postponement.

“when we postponed to today, it was because your mother had passed away...she was scheduled to be buried on the following Saturday, which was the day after the postponement was granted”

Commissioner Mkhwanazi provided a copy of the funeral programme, death certificate, and ID of his late mother, Mrs. Rofina Petunia Mkhwanazi, as evidence.

“you had shared with us...a copy of the programme for the funeral...and you kindly provided us with...a copy of the death certificate and a copy of her ID”

Commissioner Mkhwanazi is the second of seven children of Mrs. Petunia Mkhwanazi, according to the funeral programme obituary.

“the obituary stated that Mrs Petunia Mkhwanazi had seven children, and you were the second of these seven children”

Commissioner Mkhwanazi acknowledged that he was born in 1975, making himself 10 years younger than his mother, Mrs. Petunia Mkhwanazi, who was born in 1965, and explained that she was his stepmother who raised him from a young age.

“you are making your mother 10 years older than you...She is my stepmother. She raised me since I was 8 years or 7 years old. She is married to my father”

According to the Department of Home Affairs letter, Mr. William Mkhwanazian and Ms. Foleni Maria Mkhwanazian are recorded as the parents of Commissioner Mkhwanazi, but he disputes that they are his grandparents as claimed earlier.

“According to the department's records, Mr Mkhwanazian and Ms Foleni Maria Mkhwanazian are recorded as the son of...Those are my grannies...Those are my grandparents...No, I do not think they are my grandparents”

Commissioner Mkhwanazi states that his grandmother won him in a court of law after a dispute over custody following his parents' divorce.

“The unfortunate part is that the story that I got from my grandmother, my father confirmed that they won me in the 10 court of law. There was a dispute between both sides, I think when they were divorced, that is why they took over you see.”

Commissioner Mkhwanazi was raised by his grandmother after his mother separated from his father, and only received his birth certificate when he had an ID, accompanied by his grandmother.

“And I was accompanied by my grandmother to get that ID because she raised me up until the stepmother came in.”

Commissioner Mkhwanazi says that although Maria Foleni Mkhnawazi is reflected as his mother on his birth certificate, she is not his biological mother but the person who raised him after his mother separated from his father.

“She is my grandmother, she is the one that took responsibility because it was me and my brother. Then there was my father, then they took responsibility. But they went to court for us... they are my grandparents. She is the one that took responsibility because it was me and my brother...”

Commissioner Mkhanazi reveals a court dispute where another woman claimed to be his mother and caused a political dispute, but she gave them love until the father remarried.

“There was another lady who claimed that we are, she is our mother, something like that. The politics that I did not want to dig in, yes. But she gave us love until my father got married.”

Commissioner Mkhwanzai claims that the woman who raised him is his mother although he was not born to her.

“I am still saying that she raised me, she is my mother. Yes, I was not born out to her, but she raised me since I was young.”

Commissioner Mkhwanazi raised a concern about the wording of his statement, feeling that the content was twisted as 'alleged' even though there was case number evidence, making it unrepresentative of him.

“I felt that when the other witnesses were raising issues, you see, they were, it was not in their statement. I read their statements, it was not alleged, it was said, she has done that, she has done that, but on mine, when it came from you, Mr Commissioner, or when the person was typing or correcting it, it is now everything that I am saying it is allegedly, allegedly, even though we have got case numbers, even though in some of the things we have got evidence, but it is twisted as alleged.”

Commissioner Mkhwanazi submitted and amended his statement during the consultation because he felt some words did not represent him correctly and he did not have enough time to read every sentence at that time.

“No, we submitted during, remember, during the time of consultation, my attorneys submitted, my then-attorney submitted and amended, you see, because I felt that some of the words that were used they were not representing me correctly, and I did not have enough time that time to read each and every sentence, each and everything.”

Commissioner Mkhwanazi amended his initial statement filed in December 2025, resulting in an amended statement now containing 61 annexures rather than the original 15.

“You amended it, yes. Yes. And now, in that amended, the amended Julius Mkhwanazi statement now had 61 annexures.”

Commissioner Mkhwanazi expressed concern about re-using annexure numbering as it causes confusion between documents from different dates and suggested that any new annexures be added as a separate supplementary statement.

“And in our engagements with you and your attorney and the, during the consultation, we realised that you numbered the annexures JD1 to JD61, but effectively, the bulk of them were a rearrangement and renumbering of annexures that are already on record as JD1 to JD15. And we said you cannot do that, it is going to cause confusion, okay, because there is a risk that one document may end up with two annexure numbers ... And we cannot have that situation because it makes it impossible to read the material. ... And we suggest that, to the extent that there are new annexures that you want to add, please prepare a supplementary statement, as a separate supplementary statement, raising the issues you want to raise and attaching the new annexures.”

Commissioner Mkhwanazi denied that his amended statement is supplementary, stating it is amended, not supplementary.

“No, I did not say it is a supplementary. Yes. You say it is an amended. Yes.”

Mr Mkhwanazi prepared annexures that could run into about 20 pages each, and splitting these documents into multiple annexure numbers causes difficulties in referencing them consistently.

“When Mr Mkhwanazi prepared the annexures, a single annexure could potentially run into about 20 pages, and it is a multiplicity of documents. And now he wants to split up the documents and give them a different annexure number.”

Mr Mkhwanazi's documents have been split up into more attachments than contained in the original documents, causing an increase in number of attachments without difference in content.

“My understanding ... is that the documents are not different, but that you have split up some, the result or rather the upshot of which is that you have more attachments than we have in the original documents and the additional documents to your six-page statement.”

Commissioner Mkhwanazi feels prejudiced because his documents are still being sorted and not fully ready, impacting his defence.

“Commissioner Mkhwanazi, I do not want to feel discriminated or prejudiced, you see... the evidence leader came in and said, Commissioner Mkhwanazi's documents are still being sorted... I felt that I have a defence because I have got documents that talks to that... I felt that I have got to be honest... I agree with...”

There is no difference in documents attached to amended statement versus original; only attachment splitting, increasing the number of attachments.

“The documents are not different, but that you have split up some... otherwise additional numbering rather, but the documents are the same as I understand Ms Sello.”

Commissioner Mkhwanazi alleges that Home Affairs provided incorrect birth certificates and documents related to his family.

“So, Home Affairs has it wrong. The Commission must accept that Home Affairs has it wrong.”

COMMISSIONER MKHWANAZI claims his father is William Mkhwanazi and that the birth certificate issued by Home Affairs incorrectly states Petunia Mkhwanazi was married to Gogo Titus Mkhwanazi, who is not his father.

“My confusion arises because at item 1, your father is listed as Mr William Mkhwanazi, who you say is your grandfather... Mrs Petunia Mkhwanazi is said to have been married to Mr Gogo Titus Mkhwanazi. That is not your father, is it? No, that is my father. That is my biological father.”

COMMISSIONER MKHWANAZI states that Petunia Mkhwanazi was his stepmother who raised him as one of her own children after his mother passed away.

“Mrs Petunia Mkhwanazi was your stepmother because she was married to your father after your mother passed away. She then raised you consequently and that is why she has always considered you one of her children.”

COMMISSIONER MKHWANAZI alleges that Home Affairs records do not list him and his brother as related to their father after his father passed away, making him feel uncomfortable and raising political challenges.

“All those documents that are coming from Home Affairs, they do not put me and my brother anywhere from my father, or when my father passed on, from what my mother or my stepmother registered at Springs... It makes me to feel uncomfortable now because it raises some politics now, some challenges.”

COMMISSIONER MKHWANAZI states that he and his brother were raised as children by their grandparents, who took responsibility for them when they were very young.

“They are my grand parents, and I am not ashamed to say so, not to say I am disowning them. And when they raised me and my brother, they raised me as their own kid. When I could not defend, when I could not do anything, as young as 1 year, 2 years maybe, they took ownership of me. That is why I am still alive today.”

Ms Petunia Mkhwanazi had seven children including three sisters and some brothers born from her and Babu Mkhwanazi.

“It is three sisters and one son ... those are Petunia's, Mom Petunia's birth children, biological children ... Mom Petunia and Babu Mkhwanazi, yes.”

Commissioner Mkhwanazi maintains that he did not lie to the Commission about the number of children born to Ms Petunia Mkhwanazi and his family background.

“I did not lie. I still maintain I did not lie. ... I am still saying the mother that we buried, or we are burying on that date of ... she is my mother ... She raised me as a parent ... And there is no reason for me to lie.”

In the culture of Commissioner Mkhwanazi, the wife of one's father is considered one's mother, and the term 'stepmother' is a Western/English concept that does not apply.

“I know some of us in our cultures, your father's wife is your mother. There is no such thing as stepmother, step-this. Those are English terms. Those are Western terms ... The person that raises you is your mother, full stop.”

Advocate Sello accused Commissioner Mkhwanazi of lying to the Commission by relying on false facts to obtain a postponement for his appearance.

“The point I seek to make is you know the correct, truthful position, and that position is as reflected in the documents, and therefore you lied to the Commission. ... You deny you lied. You say you are learning these facts for the first time ... My submissions to the Commission is that you must be held in contempt for lying, deliberately lying to the Commission, when you knew that the facts you were relying upon to obtain your postponement were false.”

Commissioner Mkhwanazi asserts she did not lie to the Commission and attended a consultation despite having a funeral the next day, respecting the Commission's process.

“I did not lie or run away. You cannot run away. I am a South African. I do not have any other identity or other citizenship.”

Commissioner Mkhwanazi states she had a programme with her on the day of the consultation, which was prior to the election, and she wanted to vote but had no ID at the time, so another person helped her get necessary ID documents.

“I remember it was before the elections. I was putting pressure on her that I want to go and vote. I want to go and vote, I do not even have an ID. I think she went and collected that certificates so that we can go and get, as I have said that she is the one who took my ID, who assisted me to get my ID.”