Khayelitsha Commission of Inquiry to go ahead

The case arose when Minister of Police Nathi Mthethwa appealed to the Constitutional Court after his application for an interdict to stop the Commission of Inquiry into policing in Khayelitsha was unsuccessful. In August judgement on the O’Regan/Pikoli Commission was reserved by the Constitutional Court. A full bench of 11 justices heard the case.

The Social Justice Coalition’s general secretary, Phumeza Mlungwana, who was at the court, said at first she thought she had misunderstood the legal talk while judgement was handed down.

“We are so happy that what we have been campaigning for all these years has finally happened. With the Constitutional Court ruling in our favour, we are hoping that Minister Mthethwa will now see that there is a need for this commission in our community. It is a shame that the matter had to be dragged out in court. This is not just for Khayelitsha but for all our communities,” said Mlungwana.

In a statement by Mthethwa’s spokesman, Zweli Mnisi he said the minister had noted and considered the judgement in which his appeal was unsuccessful and he respects and accepts it.

“We need to emphasise that the minister instituted the review proceedings to the Constitutional Court on legitimate grounds that an investigation of criminal conduct as a primary task by a Commission of Inquiry, were inherently undesirable as they had potential to blur functions of the [Provincial] Executive and the police. He was also concerned about the impact which these powers may have on the control by the National Commissioner of Police, over the police. The judgement has provided that clarity,” said Mnisi.

Western Cape Premier Helen Zille, who originally announced the appointment of the commission in August last year, said she welcomed the ruling.

“Last year August I established the commission to investigate allegations of police inefficiency in Khayelitsha and a breakdown in relations between the community and the police in the area. The primary purpose of the commission was to make recommendations to the cabinet on how to improve policing in the area. With this goal still in mind, we welcome the ruling which means the commission can now continue with its work,” said Zille.