Groundwork laid for probe into alleged justice capture in South Africa

President Cyril Ramaphosa has officially gazetted the upcoming Madlanga inquiry into alleged law enforcement corruption.

Ramaphosa announced the “Judicial Commission of Inquiry into criminality, political interference, and corruption in the Criminal Justice System” following serious allegations by KwaZulu-Natal Provincial Commissioner of Police, Lieutenant-General Nhlanhla Mkhwanazi.

In a July press conference that took South Africa by storm, Mkhwanazi alleged that a sophisticated criminal syndicate has infiltrated law enforcement and intelligence structures in South Africa. 

Mkhwanazi alleged that the Minister of Police, Senzo Mchunu, interfered with sensitive police investigations and colluded with business people, including a murder accused, to disband the Political Killings Task Team based in KwaZulu-Natal.

Mchunu, a close ally of Ramaphosa, has fiercely denied these allegations.

He also alleged that a police investigation by the task team in Gauteng unmasked a syndicate controlled by a drug cartel.

Mkhwanazi alleged that it involves politicians, law enforcement officials from the police service and metro police, correctional services, prosecutors and the judiciary, and business people.

“These allegations, if proven true, threaten to undermine the confidence of South Africans in the ability of the South African Police Service to protect them and to effectively fight crime and corruption,” Ramaphosa said in an address.

In the address, the President announced the commission, with Acting Deputy Chief Justice Mbuyiseli Madlanga as its chairperson, with Advocate Sesi Baloyi SC and Advocate Sandile Khumalo assisting.

Ramaphosa also placed Mchunu on gardening leave and appointed Firoz Cachalia as acting police minister.

On 28 July, Justice Madlanga announced the full composition of the commission’s team.

Advocate Terry Motau SC will serve as the chief evidence leader, supported by a team of advocates: Matthew Chaskalson SC, Mahlape Sello SC, Adilla Hasim SC, Lee Segeels-Ncube, Ofentse Motlhasedi, and Thabang Pooe.

Motau previously led the investigation into the looting of VBS Mutual Bank.

Sello was a member of the Section 89 panel that found Ramaphosa had a case to answer in the Phala Phala matter, though the ANC caucus later rejected the report.

Hasim is currently part of South Africa’s legal team at the International Court of Justice, seeking a declaration that Israel’s actions in Gaza amount to genocide.

The commission’s chief investigator is Dr. Peter Goss.

The Commission’s wide mandate

The terms of reference for the newly established Madlanga Commission outline a sweeping mandate to investigate the alleged infiltration of South Africa’s criminal justice system by organised crime syndicates.

The commission is tasked with probing the veracity, scope, and impact of allegations that criminal networks have penetrated law enforcement, intelligence structures, and related institutions.

It is expected to make findings and recommendations for prosecutions, disciplinary action, and systemic reform.

While hearing dates have yet to be announced, the commission has been authorised to investigate whether syndicates have infiltrated or exerted influence over:

• The South African Police Service (SAPS), including Crime Intelligence and the Political Killings Task Team;
• The Johannesburg, Ekurhuleni, and Tshwane Metropolitan Police Departments;
• The National Prosecuting Authority (NPA);
• The State Security Agency (SSA);
• The Department of Correctional Services;
• Members of the judiciary, including the magistracy and court administration;
• Any other institutions or state organs within the criminal justice system.

It will also examine:

• The extent and consequences of such infiltration, including enabling organised crime, obstructing investigations, corrupting leadership, and intimidating or removing whistleblowers and honest officials;
• The conduct of senior officials and judicial officers who may have aided criminal activity, ignored credible warnings, or personally benefited;
• Whether any member of the national executive responsible for the justice system acted unlawfully;
• The failure or effectiveness of oversight mechanisms;
• Whether existing laws, policies, and institutional safeguards are adequate.

The commission is empowered to consider prima facie evidence against current law enforcement and intelligence officials, and may recommend suspensions where warranted.

To fulfil its mandate, the Madlanga Commission has been granted broad powers, including:

• Subpoenaing witnesses and compelling the production of documents;
• Conducting search and seizure operations, subject to legal safeguards;
• Holding in-camera hearings where necessary to protect witness safety or preserve the integrity of intelligence and ongoing investigations;
• Referring matters for urgent criminal investigation or prosecution;
• Recommending the establishment of further inquiries by relevant authorities or regulators.

The full gazette can be found below: