Investigation into alleged criminal justice capture delayed

The Madlanga Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, tasked with investigating Lieutenant General Nhlanhla Mkhwanazi’s allegations, says it will not commence proceedings on 1 September as planned.

This has been attributed to the Department of Justice and Constitutional Development’s failure to procure the necessary ICT infrastructure.

President Cyril Ramaphosa established the Commission following KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanzi’s allegations that a criminal syndicate had captured the country’s law enforcement and intelligence structures.

In a statement on Tuesday, the Commission said it would be unable to meet its previously communicated deadline of 1 September 2025 due to “delays in the procurement of vital infrastructure.”

The Commission said the delay was not its fault, but because the Department of Justice and Constitutional Development had failed to meet the requirements for the proceedings to begin.

“In the media statement on 20 August, the Commission stated that the Department was in the process of procuring the Commission’s infrastructure requirements that were necessary to commence the hearings,” the Commission said.

“It made the announcement that the proceedings would start on 1 September based on unequivocal commitments made to it by the department that the requirements would have been procured on time.”

Following the Commission’s statement, Minister of Justice and Constitutional Development Mmamoloko Kubayi said that her department is experiencing issues surrounding Information and Communications Technology and tools of trade.

“On Friday, it was brought to my attention that the Madlanga Commission will not be able to start as envisaged for 1 September,” she said.

“Despite trying to ensure the date was not compromised, it became evident that we would not be able to intervene because this would mean that we would violate the Public Finance Management Act and supply chain management processes.”

She said that following these discussions, it was brought to her attention that the Commission will need a secure platform to share their work and reports, which is yet to be finalised.

The Minister added that this would also be necessary to ensure the first witness is notified by Wednesday so they can testify on Monday. However, this has not been possible.

Kubayi said that after evaluating the situation, it became evident that administrators in her department could have avoided certain issues. 

She has suspended the deputy director general responsible for ICT within her department, Jabu Hlatshwayo, pending a full investigation and disciplinary process.

Additionally, she announced “disciplinary proceedings” to be taken against the Director-General for Justice and Constitutional Development, Adv. Doctor Mashabane.

Despite the delay, Kubayi said that 25 laptops have been delivered and are being configured for the Commission’s use. 

“Secure ICT infrastructure, searchable forensic data storage, cybersecurity solutions and integrated email website services will be concluded today.

“Cellphones have already been delivered to commissioners, streaming services for public access are being finalised in partnership with GCIS, and this closes tomorrow regarding the procurement process.”

RISE Mzansi MP Makashule Gana MP said that “this entire episode smacks of incompetence and a dereliction of duty on both the part of the Minister and Director-General.”

“The Minister must be called to appear before the Portfolio Committee on Justice and Constitutional Development to account on record for this embarrassing debacle, which in has in many ways delayed justice,” he added.

He called for an immediate announcement of the new dates as “the work of accountability and subsequently rebuilding the criminal justice system cannot face further delays.”

Location confirmed

Kubayi mentioned during her briefing that the Commission would hold the proceedings at the Bridgette Mabandla Justice College in central Pretoria.

“The Bridgette Mabandla Justice College is a state-owned entity, so we will not have to use a private entity to save on costs,” she said.

“We did an oversight with the Commissioners and some of the staff members, where needs were identified, such as adjustments that needed to be made.”

Kubayi said that the team identified issues with the entrances, venue, and office space during the visit. She added that the Commission was assigned two floors to conduct its work.

The Commission previously announced that the Department of Public Works and Infrastructure is attending to alterations that will make the venue fit for purpose.

Kubayi said that despite these alterations, the college was on track for the envisaged commencement of proceedings on 1 September.