Madlanga Commission Flags Serious Criminality In Justice System

The Madlanga Commission has reached a significant point in its work, one year after KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi became its first witness at the inquiry’s public hearings.

Chairperson Justice Mbuyiseli Madlanga says evidence heard since 17 September 2025 points to indications of serious criminality within the criminal justice system, including possible infiltration and undue influence by criminal elements.

Madlanga’s assessment does not, in itself, establish that every allegation before the Commission has been proven. Rather, it reflects the picture he says has emerged from evidence presented during the inquiry.

Mkhwanazi’s appearance followed allegations he had made publicly at a media briefing three months earlier. Among the claims was that criminal interests had infiltrated parts of the criminal justice system and exerted improper influence over its functioning.

A year later, Madlanga says developments involving officials within the system have added weight to those concerns.

“Unfortunately, what is emerging from the evidence is that there are indications of serious criminality within the criminal justice system and that this is the result of the infiltration of, and undue influence on, the criminal justice system by elements of criminality.”

Evidence And The Integrity Of The System

One of the most consequential aspects of the Commission’s work has been the evidence concerning people employed within the criminal justice system.

Madlanga pointed to criminal charges brought against several participants in the system, along with dismissals and disciplinary proceedings, as developments that lend credence to the indications emerging from the inquiry.

“The fact that a number of players within the criminal justice system have been charged criminally, with some dismissed from their employment and others facing disciplinary charges, lends credence to these indications.”

The distinction between allegations and established findings remains important. The Commission is examining evidence and allegations, while criminal charges or disciplinary proceedings do not by themselves constitute proof of guilt.

Nevertheless, Madlanga says the evidence raises a broader institutional concern: whether parts of the criminal justice system have been vulnerable to manipulation by people with criminal interests.

That concern goes directly to the functioning of the rule of law. A criminal justice system depends not only on laws and formal institutions, but also on officials exercising their responsibilities without improper interference.

Madlanga had already underscored the potential consequences when Mkhwanazi first appeared before the Commission.

“If the allegations proved to be true, that would spell doom for South Africa’s criminal justice system because a healthy criminal justice system is key to the rule of law and thus to a functioning constitutional democracy.”

The Potential Cost Of Criminal Influence

Madlanga’s comments also highlight the possible consequences beyond individual officials.

If criminal interests are able to improperly influence state functionaries, the concern is that individuals accused of wrongdoing could evade investigation, prosecution or other sanctions.

The chairperson described this as a potentially entrenched vulnerability within the system.

“What is painful, though, is that this apparent criminality suggests that for some time now, our criminal justice system has been populated by malleable, corrupt state functionaries.”

He further argued that such weaknesses could benefit criminals capable of exerting improper influence.

“With such a criminal justice system, those criminals who exert undue, improper influence on state functionaries will rarely, if ever, answer for their criminal deeds.”

That raises a wider question about the number of cases that may have been affected by such alleged weaknesses. Madlanga posed that question rhetorically:

“To ask rhetorically, over the years, how many such criminals have escaped facing criminal charges and sanctions?”

The question remains unanswered by the statement itself. Establishing the scale, duration and consequences of any criminal infiltration is ultimately a matter for the Commission’s evidence, findings and any subsequent legal processes.

From Exposure To Reform

The significance of the Commission’s first year therefore extends beyond the allegations that prompted its establishment. Its longer-term value will depend in part on whether the evidence can be translated into measures that strengthen the criminal justice system and reduce opportunities for improper influence.

Madlanga said the exposure of apparent criminality should be regarded as an opportunity to confront weaknesses rather than simply as evidence of institutional failure.

“It is commendable that what appears to be criminality within the criminal justice system is coming out.”

He said the Commission hopes its work will contribute to mechanisms capable of preventing similar conduct in future.

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“We trust that in the end this process will yield results that will play a meaningful role towards putting in place mechanisms that will help significantly towards curbing a recurrence of apparent criminality of the nature that is emerging before the Commission.”

That places considerable importance on what follows the inquiry. Evidence can identify vulnerabilities, but lasting reform requires those vulnerabilities to be properly understood and addressed through appropriate institutional and legal measures.

Madlanga also acknowledged the public and institutional support received by the Commission during its first year.

“The overwhelming public support for the Commission process is not going unnoticed. For that too, we are truly grateful.”

After a year of public hearings, the central issue remains whether the evidence will ultimately establish the extent of criminal influence within the criminal justice system and what safeguards will be required to prevent its recurrence.