Four years after the R1nbillion Judicial Commission of Inquiry into State Capture concluded, public frustration over its meager conviction record continues to shadow South Africa’s anti-corruption efforts.
Out of more than 200 individuals and corporate entities recommended for prosecution by the Chief Justice Raymond Zondo-led commission, only a fraction have faced final sentencing.
Enter the Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, chaired by Justice Mbuyiseli Madlanga.
Operations at the Madlanga Inquiry demonstrate a fundamental operational pivot: rather than treating investigation and prosecution as sequential steps, the state is executing real-time law enforcement referrals while hearings are still underway.
By contrast, a progress report issued by the Presidency noted that by March 2025, out of 218 criminal recommendations from the Zondo Commission, only 10 cases had been finalised while 36 remained in progress.
Meanwhile, since the Madlanga Commission was established in July last year at an estimated cost of R148 million, multiple individuals have been arrested and charged directly as a result of testimony brought before the inquiry.
Experts suggest that widespread public disillusionment with the perceived failure of the 2018 Zondo Commission to hold key figures accountable has driven the Madlanga Commission to pursue a much faster enforcement trajectory.
Political analyst Dr Rich Mashimbye, from the Thabo Mbeki African School of Public and International Affairs, said that South Africa's shift toward a coalition government is also likely influencing the expedited arrests and prosecutions emerging from the Madlanga Commission’s interim reports.
“That is a significant difference between the two commissions, and it is the reason the public has expressed more favourable opinions about the Madlanga Commission than the Zondo Commission,” Mashimbye said.
He added that President Cyril Ramaphosa may look to conclude his term on a decisive note, which could explain the state’s heightened responsiveness.
Mashimbye emphasised that while the Zondo Commission produced copious reports detailing malfeasance, implementation was lackadaisical, whereas the Madlanga Commission is enforcing accountability before its mandate even concludes.
Independent political analyst Zakes Moabelo argued that those implicated in the Zondo report appeared to receive political protection, contrasting them with suspects under the Madlanga inquiry.
“Judge Zondo’s final words were that Parliament must hold the executive to account, but if you look today, we talk of the Phala Phala issue, and the same executive is still refusing to be held accountable,” Moabelo said.
While acknowledging the financial justification for such inquiries, Moabelo advocated for holding sensitive hearings behind closed sessions to allow authorities to act decisively without tipping off criminal networks.
Security analyst Eldred de Klerk noted that the Madlanga Commission was deliberately structured around lessons learned from Zondo to avoid “collective despair” over protracted timelines and limited impact.
He explained that many matters currently before the Madlanga Commission build on investigations quietly underway for three to five years.
“We will have to see what happens in the ensuing months, bearing in mind that there is no silver bullet, no quick fix to this,” De Klerk cautioned. “Our lack of trust in the effectiveness, integrity, and professionalism of our criminal justice system is going to take a while to mend.”
To date, the commission's interim reports have recommended criminal investigations against several high-profile figures, including suspended South African Police Service (SAPS) Deputy National Commissioner Lieutenant-General Shadrack Sibiya, Witness G, Gauteng Organised Crime officer Sergeant Fannie Nkosi, and North West businessman and alleged political fixer Brown Mogotsi.
At least 18 senior SAPS officials face criminal prosecution in connection with a R360 million health tender awarded to Medicare24 Tshwane District, owned by businessman Vusimuzi “Cat” Matlala.
Those implicated include National Police Commissioner General Fannie Masemola, alongside Brigadiers Rachel Matjeng, Alpheus Thembinkosi Ngema, Patrick Nethengwe, Kirsty Jonker, Petunia Reabetsoe Lenono, and Onica Ofentse Tlhoale, as well as Colonels Nonjabulo Nomfundo Mngadi, Anton Paulsen, and Natsenge Johannes Monyai.
Additionally, Major-General Feroz Khan, Head of Counter and Security Intelligence, and Major-General Ebrahim Kadwa, Gauteng Provincial Head of the Directorate for Priority Crime Investigation (HAWKS), were arrested over an alleged illicit precious metals syndicate and charges of obstructing justice.
By comparison, while the Zondo Commission recommended prosecuting more than 200 individuals and entities, very few have been convicted and sentenced. Notable exceptions include former Member of Parliament Vincent Smith, sentenced to seven years’ imprisonment for state capture-related fraud and corruption; former Bosasa Chief Operating Officer Angelo Agrizzi, who received a wholly suspended sentence due to ill health; and Daniel Mtimkulu, former head of engineering at the Passenger Rail Agency of South Africa (PRASA), sentenced to 15 years for fraud and qualifications misrepresentation.
Requests for comment regarding the disparity in processing times between the two commissions went unanswered by National Prosecuting Authority spokesperson Kaizer Kganyago, Department of Justice and Constitutional Development spokesperson Palesa Rammitlwa, and Investigating Directorate Against Corruption spokesperson Henry Mamothame.