MK Party's attempt to stop Madlanga Commission 'not urgent'

The uMkhonto weSizwe Party (MKP) and Jacob Zuma suffered yet another legal blow when the Gauteng High Court, Pretoria, on Thursday struck their application from the roll in which they asked that the Madlanga Commission be halted and the appointment of Professor Firoz Cachalia as acting police minister be overturned.

Three judges who were set to hear the application found that it was not urgent, as maintained by Zuma and the MKP.

Judge Ronel Tolmay, who delivered the judgment on behalf of the full bench of three judges, said this is a matter that should be considered carefully, and it should not be rushed in an urgent court.

The fact that the matter was struck from the roll does not preclude Zuma and the MKP from launching the proceedings again, to be heard on a non-urgent basis.

Judge Tolmay said this is a matter that required careful judicial consideration and that can be done in due course.

She assured the public that the allegations made by Lieutenant-General Nhlanhla Mkhwanazi during a media briefing are in good hands before the Madlanga Commission, which already started its work on Wednesday. 

Mkhwanazi had alleged collusion between politicians, law enforcement officials, prosecutors, and members of the judiciary with organised crime syndicates, including drug cartels.

These are all issues that are being probed by the commission. Judge Tolmay commented in this regard that these are indeed serious allegations that need urgent attention and are being addressed by the commission.

Judge Tolmay further said that the horse had in any event already bolted regarding the appointment of Cachalia and the placement of Police Minister Senzo Mchunu on leave - issues which Zuma and the MKP wanted the court to consider in their urgent court bid.

The court did not hear any arguments regarding the merits of the application, as the judges at the start of the proceedings said they first wanted to hear the parties on the matter of urgency.

The court made it clear that it did not want to hear anything regarding the merits before it had decided on whether the application was urgent or not.

Advocate Dali Mpofu said he can hardly think of any other matter in the past that has been so urgent as this one.

Counsel for President Cyril Ramaphosa argued that the matter was not urgent, as the commission had already started and Cachalia had already been appointed.

Mpofu accused Ramaphosa of attempting to avoid the merits of this case by maintaining that it is not urgent. “Seriously, I cannot imagine anything more urgent than the resolution of these issues,” he told the court.

Mpofu said damning allegations are made against the police, the judiciary, and the prosecuting authority, as well as allegations that South African citizens are living in a mafia state.

He said it is in the public interest, as well as in the interest of the family of the victims relating to the 121 dockets linked to political killings, that this court urgently hear the matter.

According to Mpofu, it will take months before the case is heard on the normal roll, and by then, it may be too late, as they are dealing with unprecedented allegations.

He also commented that the taxpayer would have, by then, footed the bill for hundreds of millions for a commission that the applicants deem not to be lawful.

Cape Times