This was published in TimesLive on 09 July 2025
As Provincial Commissioner Nhlanhla Mkhwanazi declared at a significant career press conference that "I will die for this badge", he sounded like a military operative making a heroic statement. The plain truth, after listening to the entire speech, is that he expressed a specific aspect of section 197 of the South African Constitution, which states that "within public administration there is a public service for the Republic, which must function... and loyally execute the lawful policies of the government of the day."
The public service is a
crucial part of our national public administration system, a relationship that
the state organs, whether elected or appointed, must not take for granted. It
is a relationship based on trust that society has placed in us to
manage public power and enforce laws, including combating criminality.
Upholding this trust is not just a duty, but a solemn responsibility.
Public trust in the
public service, especially in a sensitive area like crime prevention, always
hinges on a relationship with us, the people or citizens, no matter how brief. This
relationship must not be purely transactional; it needs the law to safeguard
its endurance. While allowing managerial or leadership discretion, the
constitutional order does not tolerate unlawful prerogative or arbitrary
decisions. Transparency is the key to maintaining this trust and upholding the
very purpose of justice.
South Africa has not
fully recovered from a state capture scenario, a situation in which
individuals, either directly or indirectly connected to those holding executive
authority and public power, were manipulated—voluntarily or otherwise—to
partake in or endorse wrongful actions. The Zondo Commission report's findings
are fresh enough for us to engage with persons outside the legal system,
particularly regarding state security information, especially crime
intelligence. The impact of this state capture is urgent and cannot be ignored.
Unless proven otherwise,
General Mkhwanazi's conduct exemplifies how to respond to unlawful instructions
when entrusted with a public service delivery obligation. It is fresh air on the path towards a meritocratic and capable state. Beyond his
known skills and knowledge about policing, his accumulated experience further
sharpens the qualities needed to address the scale of organised crime in South
Africa.
In his presentation,
General Mkhwanazi highlighted executive overreach in matters governed by staff
orders. Apart from the possibility of fudging executive authority and policing
orders management, General Mkhwanazi said disbanding the political killings
investigation task team was unlawful, if not a clear case of overreach. He
suggested that even the police commissioner cannot order any stoppage of a
criminal investigation. We have seen how the Scorpions were closed, but the
investigations could not be halted; only their processing for prosecution was
affected. In this case, and according to the General, it appears the overreach
extended to the point of smashing and grabbing the dockets.
The President and the ANC must explain why the minister should not be asked to step aside regarding reputation management and undermining the state's crime prevention efforts. This follows previous allegations at the executive level raised by the
opposition, which claims a lack of fairness in addressing these issues.
The decorum and
forthrightness with which General Mkhwanazi conducted the press conference
ticked several boxes of a trusted senior bureaucrat operating within his oath
of office. He made no accusations but outlined a sequence of events, including
instances of overstepping authority and accountability. He placed the onus on
the Minister to prove that his behaviour in the downloaded messages was
consistent with the oath of office he signed.
In an organisation like the South African Police Service, where executive decisions made by appointed or elected officials can ultimately result in loss of life, trust, and betrayal hold equal significance. Any breach of confidence, particularly concerning sensitive information, diminishes morale and fosters chaos, which can ultimately turn off the entire service delivery system. Whatever the President's response to the press conference's consequences, for SAPS—especially in KZN—to remain focused, its members must trust the Minister as their leader, collaborate with colleagues nationally, and believe in themselves as operatives operating within a hostile, organised crime-infected society. This is because their leaders shape the character of a police service member; if the doubts stemming from the press conference are not promptly addressed, it could take a generation to repair the damage caused by visible wounds.
The SAPS rant by General
Mkhwanazi reflects how the General in the public service often falls short of
fulfilling the constitutional duty to implement the current government's lawful
policies loyally. The lack of sufficient public service C-Suites and the
widespread 'cadre deployment', a practice where political parties appoint their
members to key positions in the public service, continues to hinder the public
service from carrying out unlawful political directives. At best, individuals
displaying the courage of General Mkhwanazi will be erased from the public
service, and at worst, they will face relentless persecution by the system.
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