Strengthening SA's security: The path forward after Madlanga

(From left) Commissioner Adv. Sesi Baloyi SC, Chairperson Justice Mbuyiseli Madlanga and Commissioner Adv. Sandile Khumalo, SC in consultation during a hearing of the probe into criminality, political interference and corruption in the criminal justice system on August 17.
(From left) Commissioner Adv. Sesi Baloyi SC, Chairperson Justice Mbuyiseli Madlanga and Commissioner Adv. Sandile Khumalo, SC in consultation during a hearing of the probe into criminality, political interference and corruption in the criminal justice system on August 17.Picture: Itumeleng English/ANA Studio

Dr. Reneva Fourie

Reforms are underway across South Africa’s security cluster, including professionalisation, digitisation and stronger oversight in policing, intelligence, defence, justice, border management and correctional services.

The Madlanga Commission’s revelations indicate that these measures will not, on their own, address the underlying risks. Operational capture, weak prosecutorial and correctional capacity, political interference, corruption and poor coordination continue to threaten institutional integrity and require deeper structural reform across the security ecosystem.

Organised crime exploits gaps between institutions.

Criminal networks prosper when intelligence does not reach investigators, investigators cannot obtain prosecutorial support, prosecutors lack independence, asset recovery is separated from criminal investigation, border agencies do not share information, correctional intelligence remains isolated, oversight bodies lack capacity, and political actors influence appointments or investigations.

South Africa therefore requires an institutional reform programme with operational consequences.

To understand the Madlanga Commission's work, one must consider a longer history of warnings from the commissions before it. The Marikana Commission, the Moerane Commission, the Mokgoro Commission, the Mufamadi High-Level Review Panel on the State Security Agency, identified similar structural weaknesses.

The priority, once the Madlanga Commission has concluded its deliberations, ought to be to turn those findings into institutional implementation guarantees.

If institutional reform is to be achieved, it is essential to have staff who are both competent and insulated from political and criminal influence. South Africa should strengthen and enforce its existing systems for appointments, vetting, lifestyle audits, financial disclosure and disciplinary action by introducing a single, risk-based standard integrity system across the entire security sector.

The system should be subject to due process and allow for the temporary removal of individuals from sensitive duties where necessary to protect an investigation.

This would require checking people's qualifications and career histories, securing financial and conflict-of-interest disclosures, conducting lifestyle audits, improving vetting capacity and establishing clear procedures for suspending people when credible evidence indicates they pose a risk to investigations.

Such measures should allow swift and predictable penalties for misconduct, corruption and real conflicts of interest, criminal connections and improper political influence, while protecting the constitutional right to political association.

South Africa does not need to build a financial-crime architecture from scratch.

The Financial Intelligence Centre, the Directorate for Priority Crime Investigation, the National Prosecuting Authority, the Asset Forfeiture Unit, the South African Revenue Service, the Special Investigating Unit, Crime Intelligence, the inter-agency Fusion Centre, and newer asset-recovery initiatives already provide important foundations.

The priority should be to integrate, strengthen and operationalise this existing system.

The Fusion Centre demonstrates that cooperation between public agencies and the financial sector can expedite investigations and the recovery of assets.

Reform in this area should address current legal and operational gaps by strengthening enforcement of beneficial ownership requirements, establishing judicially supervised procedures for unexplained wealth, and creating a clear statutory framework for corporate alternative dispute resolution and deferred prosecution agreements.

South Africa has begun rebuilding intelligence coordination through the National Centre for Intelligence Coordination, the restructuring of the civilian intelligence services, and the strengthening of Crime Intelligence capabilities.

The next stage should establish a genuinely shared intelligence picture across civilian intelligence, SAPS, Defence, financial-crime bodies and prosecutorial institutions. It should include safeguards against political interference and clear measures of whether intelligence is reaching the right institutions quickly enough to prevent crime, support credible cases and guide operational decisions.

Domestic reforms should also be assessed against South Africa’s international commitments and operational standards.

BRICS commitments on counter-terrorism, corruption and transnational crime, together with INTERPOL’s 2026 to 2030 Strategic Framework, provide benchmarks for intelligence sharing, financial investigation, cross-border operations, digital capabilities, investigative professionalism and prosecutorial performance.

South Africa’s engagement should be judged by tangible improvements in cross-border cooperation, information exchange, asset tracing, cybercrime capability and the quality of investigations and prosecutions.

Regulatory reform must ensure operational independence, integrity and accountability throughout the security and criminal justice system.

There should be statutory safeguards covering the opening, closing and transfer of sensitive investigations; appointment and dismissal of heads of specialised investigative units; access to investigative information; external interventions; conflicts of interest and recusal; and mandatory recording and review of interventions in important investigations.

A formal framework for national priority investigations should offer greater protection and multidisciplinary capabilities in cases of organised crime, political corruption, criminal infiltration of law enforcement, political killings and attacks on investigators. It should include secure information systems, financial investigation capabilities, protected investigators and prosecutors and a mechanism for automatic escalation when interference is suspected.

Witnesses should have access to safe relocation, identity protection, livelihood support, psychological assistance and protection against intimidation before, during and after proceedings.

Relevant parliamentary committees should receive regular classified and public reports on investigative interference, institutional integrity, organised-crime infiltration, critical vacancies, performance of specialised units, prosecutions and asset recovery. 

Rather than creating another security agency, South Africa should consider expanding the statutory role of the Investigating Directorate Against Corruption. IDAC should retain its specialised responsibility for investigating and prosecuting corruption while also serving as the operational coordination centre for designated high-risk organised-crime and corruption cases.

Its coordination mandate should include setting case priorities, convening multidisciplinary teams, allocating responsibilities, resolving institutional blockages, monitoring progress and triggering escalation where cooperation fails, or interference is suspected.

However, IDAC should not direct individual investigative decisions or absorb the separate mandates of SAPS, the intelligence services, the FIC, SARS, the SIU or the NPA.

Amendments to its statutory governance framework, subject to strong parliamentary and civilian oversight, should more clearly define its coordination powers, reporting duties, safeguards against political interference and mechanisms for reviewing its performance.

Madlanga ought to be the platform from which South Africa transitions from its present system of reform based on commissions of inquiry to one that establishes a permanent framework of prevention, accountability and institutional resilience driven by reliable leadership.

The aim must be a security and criminal-justice system in which the institutions are professionally directed, constitutionally protected, intelligence-guided, adequately resourced and continuously accountable, to resist political and criminal interference and achieve tangible improvements in public safety and justice.

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

* The views expressed do not necessarily reflect the views of the National Media Group.