Testimony presented at the Madlanga Commission has prompted legal expert Elton Hart to assert that senior officers within the South African Police Service (SAPS) appear to be facilitating and enabling the movement of illegal drugs into the country.
According to proceedings, an anonymous witness referred to as “Witness I” levelled serious allegations against Hawks Divisional Commissioner Patrick Mbotho and Crime Intelligence Head Major General Feroz Khan. Testifying partly in camera, the witness accused both senior officials of interfering with justice in two high-profile cases in Johannesburg South and Sun City. Further allegations suggested that Mbotho interfered in the arrest of 17 suspects in the North West, while Khan was described as someone known for facilitating drug movement from KwaZulu-Natal into Gauteng.
Hart, analysing the testimony, noted concerning patterns emerging from the commission. “It seems that SAPS senior officials are actually the facilitators and enablers of drugs being transmitted or smuggled into our country willy-nilly through our ports,” Hart stated. He observed that competing divisions within SAPS—including the Hawks, IPID, and other units—appear to be engaged in what resembles a “turf war” over who controls the distribution of drugs to dealers operating on South African streets.
The legal expert highlighted that even when officers successfully execute drug busts, allegations suggest the seized contraband may be redirected to other sectors within SAPS before ultimately reaching the international suppliers based in South America. Hart expressed concern that several officials involved appeared to be operating outside their jurisdiction, bypassing primary police stations during critical operations.
The commission has also navigated complex legal manoeuvres surrounding Major General Khan’s participation. Khan, who is currently suspended, initially sought to challenge his appearance at the proceedings and requested portions be heard in camera. Hart explained that while witnesses subpoenaed by the commission are legally obligated to appear—with failure potentially resulting in contempt proceedings—individuals retain constitutional protections against self-incrimination under Section 35.
A 700-page evidentiary bundle submitted to the commission reportedly includes sworn affidavits and WhatsApp exchanges linking Khan to figures associated with the tobacco industry and senior political personalities, including Julius Malema. Hart clarified that the commission’s role is investigative: gathering tangible evidence and providing recommendations to law enforcement agencies for further prosecution-ready investigations. “This evidence does not mean these individuals are found guilty,” Hart emphasised. “The commission affords them an opportunity to come and explain.”
Regarding Khan’s anticipated appearance, potentially scheduled around July 1st, Hart noted that while legal teams may explore procedural avenues—including potential conflicts with criminal court dates—the commission retains authority to reschedule testimony while ensuring witnesses ultimately participate. “He cannot avoid coming to the commission,” Hart stated. “He will have to come.”
Hart praised the commission’s rigorous approach, noting that three legal practitioners serving as commissioners are scrutinising evidence with judicial precision rather than accepting it at face value. “They are already doing the legwork for a court of law,” he said, “assessing evidentiary weight, probing credibility, and eliminating loopholes.”
As the Madlanga Commission moves toward its final reporting phase, Hart underscored that the proceedings represent a critical service to South Africa’s justice system. While legal analysis and potential manoeuvres may continue in coming weeks, the commission’s meticulous examination of testimony aims to ensure that any subsequent prosecutions rest on robust, court-admissible foundations.