Acting Commissioner

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”

FUL alleged that the Acting Commissioner publicly stated in Parliament that he took the decision to withdraw disciplinary charges on instructions from authorities beyond him and thus failed to act independently.

“FUL alleged that the Acting Commissioner publicly stated in Parliament that he took the decision to withdraw the disciplinary charges on instructions from authorities beyond him.”