A year after the Madlanga Commission began hearing evidence into allegations of criminality, political interference and corruption in South Africa’s criminal justice system, its chairperson Justice Mbuyiseli Madlanga says the evidence emerging from the inquiry points to serious criminality within the system.
“We trust that justice will be served,” Madlanga said today (Thursday, September 17) as the commission marked a year since its first public hearing.
The commission has heard from 110 witnesses over 174 days of hearings, with testimony generating more than 26,000 pages of transcripts and documentary evidence running to more than 105,000 pages.
Madlanga cautioned that the commission was still to assess all the evidence before making definitive findings in its final report.
“I am well aware that the Commission is yet to assess all the evidence it will be having before it at the conclusion of evidence and make definitive determinations in its final report,” he said.
“That notwithstanding, I cannot but say a few words on the trends that are emerging.”
He said the evidence had produced indications of serious criminality within the criminal justice system and of infiltration and undue influence by criminal elements.
“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,” Madlanga said.
He pointed to the number of people who had been charged, dismissed or subjected to disciplinary proceedings since the commission began its work.
“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,” he said.
From Mkhwanazi’s allegations to 110 witnesses
The commission was established after KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi made a series of allegations at a July 2025 media briefing that criminal syndicates had infiltrated law enforcement and other parts of the criminal justice system.
Mkhwanazi became the commission’s first witness when public hearings began on September 17, 2025.
His allegations have since been tested against evidence from police officers, Hawks officials, prosecutors, investigators, metropolitan police officials, politicians, private individuals and experts
Over the past year:
* The hearings produced 26 352 pages of oral testimony transcripts. There is other documentary evidentiary material, comprising 105 282 pages contained in 750 document bundles or files with necessary redactions.
* The Commission’s hotline received 1894 telephone calls, of which 1472 (78%) concerned issues that did not relate to the Commission’s terms of reference. In addition, 4548 emails were received from members of the public, of which 3295 (72%) were out of scope.
* In-camera: Approximately 22 in-camera applications were considered, of which 19 were granted. One of these was revoked, with the result that the witness concerned testified openly.
* Eight hearings were conducted fully in camera, one of which was subsequently made available to the public through the publication of a redacted transcript. Eleven hearings were conducted partially in camera.
* Litigation: The Commission has been party to three applications in the High Court. An application brought by Suliman Carrim was dismissed. Two separate applications brought by Major General Feroz Khan and Sergeant Fannie Nkosi were withdrawn.
* Recusal: One recusal application was brought against an Evidence Leader and was dismissed.
* Record: On 2 June 2026 (Day 111), the Commission heard evidence from the highest number of witnesses in a single day, namely five witnesses.
‘How many such criminals have escaped?’
Madlanga said the revelations emerging from the inquiry were commendable because they could help stem criminality, but he said the allegations had also exposed a deeply troubling picture.
“This is commendable because, hopefully, that will help towards stemming the tide,” he said.
“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.”
Madlanga said such a system could allow criminals who exert influence over state officials to avoid prosecution.
“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,” he said.
“To ask rhetorically, over the years, how many such criminals have escaped facing criminal charges and sanctions?”
The commission's work has already been followed by arrests, criminal charges, suspensions, disciplinary proceedings and resignations involving people who have appeared before it or been implicated in evidence.
Those developments, however, do not amount to findings of guilt by the commission, with criminal allegations still subject to due process.
The cost of coming forward
The commission has also been confronted with the risks faced by people who provide evidence.
Marius van der Merwe, who testified as Witness D about the alleged murder of Emmanuel Mbense, was shot dead outside his Brakpan home on December 5, 2025.
The commission marked its anniversary by paying tribute to Van der Merwe and others who had provided information or testimony despite the risks to their safety and livelihoods.
“The Commission calls on all South Africans to take a moment to remember Marius van der Merwe, who was brutally assassinated in full view of his family on 5 December 2025 after testifying before the Commission as Witness D," Commission spokesperson Jeremy Michaels said ahead of Thursday’s anniversary.
“We also remember the sacrifices made by countless brave individuals who have come forward to assist the Commission in its work, by offering information and testifying, sometimes at great risk to personal safety,” Michaels added.
Former SAPS Special Task Force member Matipandile Sotheni has since been arrested and charged in connection with Van der Merwe’s murder. He has denied the allegation.
The inquiry has also faced legal challenges during its work.
Three High Court applications have been brought against the commission. One was dismissed and two were withdrawn, while a recusal application against one of its evidence leaders was dismissed.
A year on, the work continues
Madlanga said the commission's ultimate objective was to ensure that the revelations emerging from the inquiry resulted in changes that could prevent similar conduct from recurring.
“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,” he said.
The commission has now entered its final phase of public hearings.
On Wednesday, World Bank senior financial sector specialist Laura Pop told the inquiry that conventional criminal and disciplinary investigations may not be sufficient where the institutions responsible for investigating wrongdoing have themselves been compromised.
She proposed a once-off integrity evaluation of senior and high-risk criminal justice officials, with safeguards to protect against arbitrary use of such powers.
On Thursday, national commissioner of Correctional Services Makgothi Thobakgale began testifying as the commission turned its attention to allegations involving the correctional system.
The commission's public hearings are scheduled to continue until October 2.
Its final report is expected to set out its findings and recommendations after the evidence has been fully considered.
For Madlanga, the significance of the inquiry will ultimately be measured by what follows its findings.
“Thus far, a number of people and institutions have supported the Commission process,” he said.
“The overwhelming public support for the Commission process is not going unnoticed. For that too, we are truly grateful.”
He ended with the same confidence with which the commission marked its first year.
“We trust that justice will be served.”
Michaels added earlier that in the period ahead, the Commission will continue to "diligently conduct its inquiry without fear, favour or prejudice".