Madlanga Commission: Mkhwanazi Exposes the Depth of Rot in 'Captured' Criminal Justice System

Dr. Reneva Fourie

The Brigitte Mabandla Justice College in Pretoria was buzzing with activity on Wednesday, 17 September.

The judicial commission of inquiry into criminality, political interference, and corruption within the criminal justice system, led by Acting Deputy Chief Justice Mbuyiseli Madlanga, officially commenced its inquiry. 

The origins of this commission lie in the disclosures by KwaZulu-Natal Police Commissioner, Lieutenant General Mkhwanazi, on 6 July that a sophisticated criminal syndicate had allegedly infiltrated the highest echelons of the police, prosecutors, and even elements of the judiciary. Recognising the gravity of the allegations, President Ramaphosa announced the establishment of the Madlanga Commission on 13 July.

Assassinations, corruption, manipulation of investigations, and the reckless levelling of baseless allegations have become recurrent features in the South African Police Service. In such a climate, suspicion permeates every interaction.

Boundaries between guilt and accusation, and politics and justice have become blurred. The situation is compounded by the collapse of safety and security in provinces such as the Western Cape, where communities live in fear and the police appear unable to restore order.

 The rot appears systemic, implicating the very institutions that should provide oversight and accountability, and casting doubt on the state’s capacity to uphold the rule of law. The task before the Madlanga Commission is not simply to identify guilty individuals. It must expose the conditions that enabled the rot to spread and propose mechanisms to rebuild trust in law enforcement. 

Justice Madlanga recognised the enormity of the responsibility assigned to the commission. He opened today’s deliberations by emphasising that the scale of the allegations and their implications for South African democracy demanded urgency.

He highlighted that corruption, dysfunction, and malleability within the criminal justice system undermine the standards South Africans are entitled to expect. The legal team’s clear outline of the commission’s approach and plan reinforced confidence in the process. 

But a degree of scepticism about the usefulness of the commission remains. South Africans have seen commission after commission gather evidence, produce lengthy reports, and then fade into silence while those exposed remain in office, sometimes even promoted. Dockets gather dust, prosecutions stall, and trust in the justice system erodes further. Many fear that the Madlanga Commission will follow this same path. 

This is particularly due to the riveting testimony by Mkhwanazi, who was the first witness. The central issue raised is the allegation of political interference in operational matters. While these are currently just allegations and will need to be tested, the witness is establishing a very clear basis for examining the doctrine of the separation of powers. Fundamentally, this is about transforming our political institutions, particularly the cabinet.

Listening to him, his frustration is palpable; he seems desperate for the political class to take this systemic issue seriously. While this is a long-standing problem, which many senior public servants across departments can attest to, it is the first time that the matter is being formally raised in such a significant setting.

One must question whether politicians truly understand the distinction between policy and operational matters. The gravity of the situation demands serious introspection from the President and his ministers. 

Mkhwanazi’s revelations are beginning a process that could reshape policing and justice in the country, given the weight of the allegations and the possibility that criminal syndicates have penetrated the highest levels of the state. The credibility of the commission will rest on whether the witnesses can be assured of safety.

In-camera sessions may protect identities to a degree, but in a country with a devastating record of assassinations of whistleblowers, secrecy alone may prove inadequate. Robust witness protection programmes, relocation options, and secure communications will be essential if testimony is to flow freely. Without such safeguards, the truth will be throttled by fear, and the process risks being undermined by those who seek to derail it.

Credibility will also depend on its ability to pursue evidence with rigour and to resist political pressure. Public sentiment, media speculation, and partisan battles must not determine its outcomes. Instead, justice must be rooted in legality and integrity. While ensuring safety, it is also necessary that transparency be maintained. The public must be able to scrutinise how resources are being used and whether the commission is delivering results. 

Beyond safety and transparency lies the question of what will be done with the evidence once gathered. Commissions in South Africa are investigative and advisory by nature, lacking the power to prosecute. If criminal cases are to follow, the findings will be processed by bodies already implicated in wrongdoing. The public’s trust in the National Prosecuting Authority hinges on its willingness to pursue charges against compromised officials.

Likewise, the police face a test of resolve when their own ranks are named in testimony.

Without a clear commitment to independent criminal investigations, arrests, and trials, the Madlanga Commission may end up as a process that exposes wrongdoing but delivers no accountability. Its recommendations must be tied to guarantees that evidence will be translated into legal action, even if that requires the appointment of reputable professionals who are insulated from existing patronage networks.

The stakes could not be higher. If the findings and recommendations of this commission are ignored, it may well be the last opportunity for South African democracy to prove that it retains both the will and the capacity to defend itself from collapse.

The public can no longer be expected to endure a cycle of revelations without accountability, for that cycle is part of what emboldens criminals and corrodes faith in the state. The test will be not only in the exposure of truth but in whether prosecutions follow swiftly and visibly, demonstrating that the system still has teeth.

Amid the exposure of dysfunctionality, it is important not to forget those who continue to serve honourably. Tens of thousands of police officers put on their uniforms every day, knowing they may face hostility without support and danger without backup.

They endure long hours, low pay, and little recognition. Some lose their lives in the line of duty, while others are silenced for refusing to collude with corruption. Their commitment is a reminder that the institution is not beyond saving, and that within its ranks are men and women determined to uphold the law despite the risks.

The Madlanga Commission represents more than an inquiry into wrongdoing. It is a test of South Africa’s democratic resilience.

Its success will be measured not only by how clearly it exposes corruption and criminal infiltration but also by the speed and decisiveness with which the state acts on its findings. For the public, accountability is essential. For the commission, the challenge is to ensure that evidence leads to meaningful legal and institutional reform. 

The work ahead is formidable, yet it offers an opportunity to restore trust in the criminal justice system, to protect those who serve with integrity, and to reaffirm that no individual, however powerful, is above the law.

In a country weary from scandal yet still holding on to the hope of justice, the ability of the commission to combine transparency, rigour, courage, and safety will determine whether South African democracy can endure this test and emerge stronger, more resilient, and capable of safeguarding the rights of all its citizens.

* Dr Reneva Fourie is a policy analyst specialising in governance, development, and security.

** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.