These are not isolated tragedies; they reveal a system incapable of defending the very citizens it claims to serve.

The official Witness Protection Programme (WPP), operating under the National Prosecuting Authority, is meant to safeguard witnesses. In reality, it is plagued by leaks, inefficiency, and chronic underfunding. When Van der Merwe, a key exposer of corruption and murder, was killed on Friday, it was a stark reminder that courage alone cannot guarantee safety. Babita Deokaran and others met similar fates, despite being nominally “protected” by the state.

Too often, whistleblowers are betrayed by the very institutions tasked with their safety. Phakoe’s, Mohlala’s, Deokaran’s, Phenya’s, Mafole’s, and Van der Merwe’s deaths make this brutally clear. If those willing to expose corruption cannot rely on the state, someone else must step in. Civil society organisations with a proven track record of defending accountability, such as OUTA or the IRR, have both the motivation and capability to fill this gap. Courageous individuals are the lifeblood of accountability, and their survival cannot depend on government promises alone.

These organisations could establish dedicated witness-protection units to provide operational safety for whistleblowers. Such units could offer safe houses, secure transport, personal protection, encrypted communications, threat monitoring, and psychological support. Unlike government programmes, they could act swiftly, adapt to evolving risks, and provide protection where bureaucracy and corruption leave official systems exposed.

Around the world, civil-society-led protection is already happening. In Colombia, NGOs provide relocation and support for witnesses of political violence and organised crime. In Italy, anti-mafia initiatives combine police protection with NGO networks assisting witnesses navigating daily life under threat. In Kenya, civil society intervenes in high-profile corruption cases where state mechanisms are overburdened. These examples demonstrate that non-governmental actors can save lives, even when official systems fail.

South Africa’s need is urgent. The WPP is overstretched and compromised. Witnesses willing to expose wrongdoing are dangerously vulnerable. Practical protection, safe houses, secure transport, digital safety, threat intelligence, and counseling can be organised independently by committed civil-society organisations with proper planning and funding. OUTA, the IRR, or similarly mission-driven organisations could move beyond advocacy and rhetoric to take direct responsibility for safeguarding truth-tellers.

The deaths of witnesses Mafole, Phenya, Deokaran, Mohlala and Phokoe are stark reminders that bravery alone is insufficient. Civil society must act decisively, creating operational frameworks that function even when the state cannot be trusted. Courage must be shielded: not celebrated in words but safeguarded in action.

South Africa faces a stark choice: continue exposing its bravest citizens to lethal risk, or empower civil society to step in where the state fails. Without whistleblowers, accountability collapses. Without practical protection, more lives will be lost, and impunity will thrive. The deaths of courageous individuals have already created a chilling effect. Many potential whistleblowers will hesitate to come forward, fearing for their lives. If the country’s future depends on truth-tellers surviving, organisations like OUTA and the IRR must rise to the challenge, providing the protection and support that the state has repeatedly failed to deliver.

Written by Tiego Thotse for The Daily Friend. The original article can be found here.

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This calls for a complete forensic overhaul of the South African Police Service (SAPS), backed by independent oversight and accountability measures to restore professionalism, transparency, and public trust in policing, according to Ian Cameron, Democratic Alliance (DA) Deputy Spokesperson on Police.

He said the Madlanga testimony “exposed a national crisis in SAPS’s forensic and ballistic systems.”

The DA pointed out that the first SAPS ballistic report on these same weapons contained multiple factual errors, missing analyses, and even the wrong case numbers.

The national head of ballistics, Brigadier Mishak Mkhabela, admitted the original report was “error-riddled” and had to be rewritten several times by the same analyst, Captain Itumeleng Makgotloe, whose mistakes were defended as “typos.”

Pages were replaced, affidavits resubmitted, and at least three versions of the same report were filed — all before critical evidence was verified.

“Even more disturbing, evidence leader Matthew Chaskalson SC highlighted that Makgotloe appeared to have known of the guns’ links to other murders months before the case was registered on the Integrated Ballistics Identification System (IBIS), raising concerns that organised crime networks within or connected to SAPS may have accessed or influenced forensic information,” Cameron said.

“Such conduct reflects more than incompetence — it signals systemic corruption and manipulation of evidence at the heart of SAPS’s crime intelligence and forensic functions.”

The DA subsequently called for an independent forensic and ballistics audit of all major SAPS casework from the past five years; comprehensive skills development in the Forensic Science Laboratory to restore technical standards and eliminate political interference; and immediate integrity testing and lifestyle audits of the top 100 SAPS generals and senior managers, starting with those in the Detective Service, Forensics, and Supply Chain.

“If integrity testing is not enforced, nothing else will change. South Africans cannot expect justice from a system where ballistic evidence can be altered, delayed, or leaked to criminals,” Cameron concluded.

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The crisis was further deepened by allegations by the KwaZulu-Natal police commissioner, Nhlanhla Mkhwanazi, that the Special Task Force that was supposed to investigate political killings was deliberately disbanded to protect crime networks. He accused senior officials, including the Minister of Police, of interference and sabotage. These revelations led to the establishment of the Madlanga Commission to investigate corruption and political interference in the security services. Amid assassinations, collaboration between elite and crime networks, and a weakening state, a question of utmost importance is whether South Africa has already become a mafia state, or if there is still a chance to change course.

The recent assassination of Bouwer van Niekerk, a lawyer known for his work in the rural communities of the Northern Cape, has put the country’s justice system in the spotlight once again. The murder has highlighted the vulnerability of legal practitioners in remote areas. According to experts, there is an urgent need for a more effective and rapid response to such attacks to ensure the safety of legal practitioners and maintain the integrity of the justice system.

The situation in the South African Police Service is further deepening after serious allegations against the Minister of Police, Senzo Mchunu. Commissioner Mkhwanazi alleged before the Madlanga Commission that Mchunu had abruptly dissolved the Special Task Force that was supposed to investigate political murders without notice or consultation, a decision that, according to Mkhwanazi and the national police commissioner, Fannie Masemola, was an ‟unlawful abuse of power”. Mchunu has since been suspended by President Ramaphosa. This has led to a judicial inquiry into the alleged collusion between crime networks and senior government officials. The inquiry should answer serious questions about the integrity of the South African Police Service and the implications of corruption among politicians.

The history of political assassinations in South Africa shows that some crimes continue to leave a trail of uncertainty and conspiracy theories even decades later. Two of the most notorious cases, the murder of Dr HF Verwoerd in 1966 and that of Chris Hani in 1993, illustrate this pattern. In both cases, the perpetrators were caught and brought to justice; however, this has not prevented various theories about their motives from circulating to this day. Verwoerd was murdered with a dagger by Dimitri Tsafendas, a mentally disturbed parliamentary messenger. Tsafendas was held in a psychiatric institution until he died in 1999. Two right-wingers, Clive Derby-Lewis and Janusz Waluś, were convicted of Hani’s murder. They claimed that they wanted to sabotage the political transition underway, which they feared. These assassinations show that violence and political instability can cast a long-lasting shadow over the country and that even after a trial and sentence by the court, the community is still searching for the whole truth.

The assassination of Babita Deokaran shows how dangerous it can be to expose corruption in South Africa. Deokaran, a whistleblower at the Gauteng Department of Health, was murdered execution-style outside her home in the south of Johannesburg in August 2021.

In her role as Chief Director of Financial Accounting, she formed a powerful line of defence against irregular and questionable payments. Her position also gave her control over the paper trail of evidence of the misuse of public funds. This made her an invaluable resource for the Special Investigations Unit.

Research by News24 has revealed the details of her latest corruption investigation. They examined more than 60 000 emails and the contents of her cell phone for over a year. This investigative series, titled Silenced: Why Babita Deokaran was murdered, reveals what she found in the days before she was murdered. It reminds us that those who seek the truth often risk their lives to expose corruption.

In the context of community safety and justice, Deokaran’s story highlights the urgent need for protection when individuals expose the truth. Society cannot afford to silence those who expose corruption.

The assassinations of liquidator Cloete Murray and his son Thomas in March 2023 shook South Africa’s legal and anti-corruption frameworks. Murray was a prominent liquidator involved in investigations into Bosasa and Gupta-linked companies. His son was accompanying him as a legal advisor when they were shot. Thomas died at the scene and Cloete later succumbed to his wounds.

Other voices, such as those of Corruption Watch and Transparency International, immediately called for a swift, transparent investigation. This murder was a warning that those who expose corruption risk paying the ultimate price.

What makes it especially tragic is that Cloete Murray was at the turning point of a major liquidation investigation and could expose the illicit assets of political figures. In the fight against corruption, his death is a painful reminder that corruption prevails where truth seekers are not protected. His death is a loss for justice and faith in a just society.

The assassination attempt on senior advocate Coreth Naudé, who investigated high-level corruption and tax evasion on behalf of the South African Revenue Service (SARS), has deeply shaken South Africa. Naudé was investigating Shauwn ‟MaMkhize” Mkhize’s tax affairs. She was shot in the torso, neck and face in her car outside her hotel in Durban and had to fight for her life in the intensive care unit. According to SARS commissioner Edward Kieswetter, the attack was clearly intended to intimidate investigators and court officials and undermine the justice system. He called it a cowardly act that not only affects an individual but threatens the entire society’s faith in justice.

Mkhize, who is believed to owe more than R37 million in back taxes, is no stranger to the tax authorities. Her cleaning business was liquidated in 2020 over unpaid tax debts. Now, with luxury cars and sporting interests potentially at stake, the message of this attack is clear: Those who ‟follow the money” and expose corruption pay the ultimate price. The fact that Naudé, like the murdered Cloete Murray before her, was not a law enforcement officer, but simply a legal expert doing her job, shows that even professionals outside the ranks of the police are no longer safe. This incident confirms a disturbing reality: Where money and power interests converge, the search for justice becomes life-threatening.

When we look at these stories, from Bouwer van Niekerk in the Northern Cape to political figures like Verwoerd and Hani, and from whistleblowers like Babita Deokaran to liquidators like Cloete Murray, we see a pattern that is no accident. Assassinations in South Africa are not just personal; they are attacks on the rule of law itself. Every time a legal figure, investigator or whistleblower is murdered, the message is sent that it is dangerous to pursue truth and justice.

These deaths send the stark message to us as a community that corruption, organised crime and political power are deeply embedded in the fabric of our country. But they also call us to action. They demand better protection for legal practitioners and whistleblowers to build community safety and not remain silent when justice is threatened.

The actual test for South Africa lies in whether we are prepared to remember these victims’ stories not just as tragic stories, but as beacons that point our way. Every assassination is a warning, but it can also be a wake-up call to build a society in which the truth is not fatally shot but remains the light that guides us all.

South Africa itself is at a dangerous turning point where corruption, organised crime and political funding have become so intertwined that experts are already describing it as a mafia state. Studies show that large parts of the justice system and police have been affected by corruption. At the same time, analysts warn that criminal networks are increasingly infiltrating state institutions and even influencing control over infrastructure. These developments point to more than just individual cases of abuse – they form a systemic pattern where abuse of power, violence and extortion are undermining the foundations of democracy. The urgent question is therefore whether South Africa can act in time to halt this dangerous trajectory, or whether the country will eventually degenerate into a full-fledged mafia state.

Zel-Marí Gelderblom is the coordinator of content and media relations at AfriForum and holds a master’s degree (cum laude) in gender politics from Nelson Mandela University. She is also the presenter of AfriForum in Focus.

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The commission, chaired by Justice Mbuyiseli Madlanga, is tasked with what President Cyril Ramaphosa has called a mission of national urgency: to uncover the truth within allegations of a web of corruption, political interference and intimidation.

Officially known as the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, the commission is holding its hearings in the main auditorium of the Brigitte Mabandla Justice College.

The establishment of the commission follows serious allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi about an alleged criminal syndicate that has spread influence into law enforcement, the National Prosecuting Authority (NPA) and intelligence services.

The KZN commissioner also made allegations against the Police Minister Senzo Mchunu – alleging that he colluded with criminal elements to disband the Political Killings Task Team based in that province.

“[Since establishment], the commission’s evidence leaders and investigators have been in consultation with witnesses and following up on information within the commission’s terms of reference.

“We can confirm that the consultation [with the first witness]… was with Lieutenant General Mkhwanazi, whom the commission intends to call as its first witness,” Michaels told a media briefing last week.

“The interest shown by the South African public in this investigation is not surprising. I say so because the allegations made by Lieutenant General Nhlanhla Mkhwanazi on 6 July 2025 concern a grave subject matter: the subject of the alleged infiltration of, or exertion of undue influence on, the criminal justice system,” Madlanga said on Wednesday.

“If the allegations are proved to be true, that spells doom for South Africa’s criminal justice system. A healthy criminal justice system is key to the rule of law and, in turn, to a functioning constitutional democracy,” Madlanga said.

Safeguarding the nation

President Cyril Ramaphosa announced the commission during a Sunday evening national address in July after Mkhwanazi’s own media briefing detailing his allegations.

At the time, the President noted that the provincial commissioner’s allegations “raise serious concerns around the Constitution, the rule of law and national security”.

“These allegations, if proven true, threaten to undermine the confidence of South Africans in the ability of the South African Police Service to protect them and to effectively fight crime and corruption.

“As we intensify the fight against crime, it is vital that we safeguard the integrity and credibility of the police and other law enforcement agencies.

“These allegations therefore call for an urgent and comprehensive investigation,” the President said.

He set out the parameters of the commission’s work which includes investigating:

The facilitation of organised crime
Suppression or manipulation of investigations
Inducement into criminal actions by law enforcement leadership
The commission of any other criminal offences and intimidation, victimisation or targeted removal of whistleblowers or officials resisting criminal influence

“The commission will investigate the role of current or former senior officials in certain institutions who may have aided or abetted the alleged criminal activity; failed to act on credible intelligence or internal warnings; or benefited financially or politically from a syndicate’s operations.

“These institutions are the South African Police Service, National Prosecuting Authority, State Security Agency, the Judiciary and Magistracy, and the metropolitan police departments of Johannesburg, Ekurhuleni and Tshwane,” he said.

The commission will also probe whether any “members of the National Executive responsible for the criminal justice system, were complicit, aided and abetted, or participated in the acts mentioned above”.

Swift action

President Ramaphosa explained that the Madlanga Commission has the power to “refer matters for immediate criminal investigation and urgent decisions on prosecution” with interim reports expected after three and six months.

“It is critical that these matters be attended to with the necessary urgency and thoroughness.

“The commission is expected to complete its work and submit a final report to the President. The final report of the commission will [also] be sent to the Speaker of the National Assembly and the Chief Justice,” he said.

Lisa Schickerling, Democratic Alliance Spokesperson on Police, on Wednesday said the Madlanga commission must pursue the truth without fear or favour. “South Africans cannot afford another inquiry that tiptoes around political heavyweights or shields the well-connected. Lieutenant-General Nhlanhla Mkhwanazi’s allegations of collusion between politicians, senior police officers, prosecutors, intelligence operatives and even elements of the judiciary have shaken public confidence. Only a fearless and thorough process can begin to restore trust.”

The Madlanga Commission runs parallel to the Parliamentary Ad-Hoc Committee established to investigate Mkhwanazi’s allegations.

The Democratic Alliance said the commission must lay bare the scale of political interference and criminal infiltration across law enforcement and justice structures. Every individual implicated must be held to account, with swift referrals for suspension, disciplinary action, or criminal prosecution. Whistleblowers and witnesses must be protected so they can speak without fear.

The final report must propose urgent, practical reforms to restore integrity to SAPS, the NPA and intelligence services and these proposals must be implemented by the executive without delay.

“This inquiry cannot become another expensive talk shop. It must mark a turning point in crushing the syndicates that thrive on political protection and in rebuilding faith in the rule of law,” Schickerling concluded.

Portfolio Committee on Justice and Constitutional Development welcomes commission start

The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola, has welcomed the commencement of proceedings of the Madlanga Commission, which was originally scheduled to begin public hearings on 1 September 2025. However, its start was delayed due to procurement challenges. Nqola noted that these obstacles have now been resolved:

“The committee welcomes the speedy resolution of the procurement matters that caused the delays. This demonstrates that government takes the process seriously and has acted decisively to remove obstacles to ensure a smooth and timely start,” he said.

The committee had previously expressed concern that the delay was linked to administrative and procurement failures within the Department of Justice. During a media briefing, Justice and Constitutional Development Minister Mmamoloko Kubayi acknowledged that certain issues could have been avoided. She announced that the Director-General of the department, Advocate Doc Mashabane, and Deputy Director-General for Information and Communication Technology, Jabu Hlatshwayo, were placed on immediate suspension pending investigation and disciplinary processes.

Nqola stressed the importance of the commission, saying: “We are grateful that the process has now begun. This commission is critical to restoring credibility in our country’s criminal justice system. We wish Justice Madlanga and his team well and every success in achieving their objectives.”

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The allegations will soon be the subject of inquiries by the Madlanga Commission and a Parliamentary Ad Hoc Committee. Hopefully, both will uncover considerable details about the alleged crimes highlighted.

Mkhwanazi’s briefing spotlighted a written instruction by then police minister Senzo Mchunu on 31 December 2024, for the Political Killings Task Team to immediately be shut down.

He implied that the directive was intended to obstruct the investigation of criminal networks that enjoy the protection of corrupt politicians and are potentially linked to the murder of whistleblowers. Mkhwanazi appeared to assert that senior police were also complicit in preventing further investigation of these cases.

His allegations raise questions about whether Mchunu acted reasonably and justifiably in ordering the task team’s closure, or had improper motives.

It is widely believed that Mchunu’s instruction constituted unlawful interference in South African Police Service (SAPS) operational matters. However the boundary between operations and policy is not always clear. Indeed Section 207(2) of the country’s constitution authorises the minister to issue ‘directions’ to the SAPS national commissioner, with no explicit limit on what these may provide.

It is also likely that, over the years, ministerial and other political influence has frequently been brought to bear on police operational decision making.

Whether Mchunu’s order to close the task team constituted inappropriate interference is likely to be debated at both inquiries. But the more important question is whether the former minister’s motives were improper. His written instruction sheds little light on the matter, stating simply that the team is ‘no longer required nor is it adding any value to policing in South Africa.’

In many parts of South Africa, political power is exercised corruptly to secure access to state financial resources. However, it is in KwaZulu-Natal that lethal violence is most likely to be mobilised to advance corrupt political interests. Political killings in the province are facilitated by the fact that it is the primary source of izinkabi (hitmen) in South Africa.

The contamination of state institutions by political factional rivalries extends into the police. According to the 2018 report of the Moerane Commission on political murders in KwaZulu-Natal, ‘state institutions, particularly security institutions, are being manipulated by politicians.

For most of the past 17 years, South Africa’s police minister has been from KwaZulu-Natal. No police minister is known to have tried to limit political influence on the police.

The task team may have been contaminated by political influence since its inception. It was established in 2016 under Nathi Nhleko, who was appointed police minister by former president Jacob Zuma in 2014. The Zuma administration engaged in overt manipulation of the criminal justice system.

A second iteration of the task team was launched in July 2018 under the watch of an Inter-Ministerial Committee. But in practice, Bheki Cele, an influential KwaZulu-Natal politician appointed police minister in February 2018, was the committee’s only public representative. He said the task team would incorporate assistance from the National Prosecuting Authority and other state agencies.

Though the task team has a reputation for effectiveness, its impact on political killings is unclear. The Global Initiative Against Transnational Organised Crime reported 15 political killings in KwaZulu-Natal in 2021 and 21 in 2022 – constituting at least 50% of the national total in both years. In 2023, 61% of the country’s 31 political killings happened in KwaZulu-Natal.

Cele provided figures for the task team’s arrests and convictions at various press briefings. To show effectiveness, investigative units tend to pursue cases that are ‘easy wins’, and the task team is likely to have done the same. As a result, the masterminds who recruited the izinkabi may have received less investigative attention.

A further question is whether the task team selected cases based on political considerations or other irregular motives.

If Mchunu had reasonable justification for his instruction, this may have originated in his own knowledge of the interface between policing and politics in the province. It may also have been influenced by an October 2024 submission from KwaZulu-Natal academic and violence monitor, Mary de Haas.

She appealed to Mchunu to disband the task team, referring to allegations of political manipulation, malicious arrest and prosecution of law enforcement officials refusing to participate in improper investigations.

Before taking the top policing job in KwaZulu-Natal in 2021, Mkhwanazi served as acting provincial commissioner from May 2018 to July 2019. He is unique among senior SAPS leaders for having openly resisted political interference.

In 2012, as acting SAPS national commissioner, he resisted political pressure from then police minister Nathi Mthethwa to withdraw the suspension of Richard Mdluli and reinstate him as head of crime intelligence. Mdluli was suspected of serious criminal offences, and has subsequently been convicted for some of them.

But since becoming KwaZulu-Natal Provincial Commissioner, it is unclear whether Mkhwanazi has taken steps to ensure the task team’s impartiality and integrity. The relationship between Mchunu and Mkhwanazi appears to have been marked by acrimony and distrust; it is unclear why.

Police Minister Firoz Cachalia and SAPS National Commissioner Fannie Masemola said last week that the investigation of political killings and other assassinations, including those of whistleblowers, was important for addressing corruption and organised crime. Hopefully, improved investigation of such killings will be among the outcomes of the two forthcoming inquiries.

In assessing Mchunu’s instruction to shut down the task team, both inquiries will need to examine whether it effectively investigated political killings or used its powers selectively and inappropriately.

Written by David Bruce, Independent Researcher and ISS Consultant.

Republished with permission from ISS Africa. The original article can be found here.

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The commission, chaired by Justice Mbuyiseli Madlanga, was initially scheduled to begin hearings at the beginning of this month, but was postponed due to delays in the procurement of vital ICT infrastructure.

“Since President Cyril Ramaphosa formally proclaimed the [commission] by way of government gazette…we’ve made significant progress in establishing the commission, while simultaneously conducting investigations into the allegations made by [KwaZulu-Natal Police Commissioner] Lieutenant General Nhlanhla Mkhwanazi and we’ve also been consulting witnesses.

“The commission’s senior team…are seized with preparations for the commencement of the commission’s hearings next Wednesday,” Commission spokesperson, Jeremy Michaels, told a media briefing on Monday.

The spokesperson assured that the challenges experienced which delayed the hearings are now resolved.

“Working together with the Department of Justice and Constitutional Development [DJCOD], which has the legal mandate in assisting commissions of inquiry in setting up, we have taken delivery of most of the physical and ICT infrastructure. Most of our staff have now been trained on the systems and they have conducted tests to ensure that the hardware and software are fit for purpose, which indeed they are.

“The ICT systems which have been procured include a cybersecurity solution, a secure internet connection and a live streaming service, as well as transcription and stenography services, amongst others.

“In addition, we have onboarded a confidential reporting hotline for receiving reports from the public. The hotline consists of a number of platforms, including a telephone line where members of the public can confidentially talk to an operator and offer the commission information related to the terms of reference,” Michaels said.

The commission can be reached at madlangacommission@behonest.co.za or 0800 111 369.

Giving evidence

While awaiting the setup of the ICT infrastructure, Michaels said the commission’s work has been “advancing steadily”, and the commission’s evidence leaders and investigators have been in consultation with witnesses and are following up on information within the commission’s terms of reference.

Michaels revealed that Lieutenant General Nhlanhla Mkhwanazi will be the commission’s first witness.

The commission’s evidence leader, Advocate Matthew Chaskalson SC, warned that due to the sensitive nature of the commission’s work, some witnesses may give evidence in camera, while others’ statements may not be revealed in public to protect their identities.

“What [the commission] has to investigate is allegations that organised criminal syndicates have infiltrated the SAPS and other organs of state involved in policing and public safety…and some of the evidence we gather, will include evidence from undercover agents. If the identity of those people is disclosed, there is a very real risk that they will be killed.

“While we are committed to transparency, we have to prioritise the protection of human life at all costs. Unless we can make evidence available in a form that’s not going to put human life at risk, we can’t do that.

“So, this is not an analogise situation to that faced by the Zondo Commission. We sit in a much more extreme situation, and our first commitment must always be to the protection of human life,” he said.

The commission’s hearings will be held in the main auditorium at the Brigitte Mabandla Justice College in Tshwane.

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Earlier this week, the commission announced that it would delay the start of proceedings due to delays in the procurement of vital infrastructure – pushing back the previously announced date of 1 September for the commencement of hearings.

• “It is especially concerning that the delay seems to be due to public servants not executing their responsibilities. This commission is of utmost importance to restore credibility for the country,” Nqola said.

  The fallout from the commission’s announcement resulted in Justice Minister Mmamoloko Kubayi revealing that the department has instituted disciplinary proceedings against its Director-General (DG), Advocate Doc Mashabane.

  The department’s ICT Deputy Director-General (DDG), Jabu Hlatshwayo, has also been placed on immediate suspension pending an investigation and disciplinary process.

  “It is regrettable that these public servants have not done their work to ensure this process starts on time. We call on the Minister to closely monitor the progress to ensure the work of the commission commences speedily,” Nqola said.

  During a media briefing earlier this week, the Minister assured South Africans that “significant progress” has been made in preparation for the beginning of the hearings.

  This includes:

• Venue: The commission will sit at the Brigitte Mabandla Justice College in Pretoria. Outstanding adjustments – including guard house and turnstile installations, office reconfiguration, and lift programming – are scheduled for completion this week.
• Capacitation: Appointments of commissioners, evidence leaders, a chief investigator with four investigators, secretarial staff and a spokesperson have been finalised.
• ICT and tools of trade: 25 laptops have been delivered and are being configured. Secure ICT infrastructure, searchable forensic data storage, cybersecurity solutions, and integrated email/website services are at procurement award stage and will be concluded (this week)

Cellphones have already been delivered to commissioners. Streaming services for public access are being finalised in partnership with the Government Communication and Information System (GCIS) and a private broadcaster as the procurement process closes (this week).

“We remain committed to ensuring that the commission begins its work without further delay and to strengthening the operational efficiency of the department to prevent similar setbacks in the future,” Kubayi said.

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This as the department grapples with the circumstances leading to the delay in the commencement of the Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System – known as the Madlanga Commission.

The Minister made the announcement during a media briefing on Tuesday afternoon.

She explained that she was notified on Friday that the commission would not be able to commence hearings on 1 September as previously announced due to delays on the side of the department.

“It was clear at the end of the day that it is practically impossible to intervene in procurement process without compromising what is required by law as compliance with PFMA and SCM policies.

“I immediately reported the situation to…President [Cyril Ramaphosa] who was travelling…[and] we immediately agreed that I will do a full report to him which was done by Friday.

“In the process, the President then delegated to the Minister of Justice…powers to institute disciplinary proceedings against the [DG] and this decision has been communicated to him this afternoon,” Kubayi said.

The department’s ICT Deputy Director General (DDG), Jabu Hlatshwayo, has also been placed on immediate suspension pending an investigation and disciplinary process.

“This is because of the failures and lapses on the system and also not being able to do due diligence in ensuring that the commission starts on time,” she added.

Ploughing ahead

Kubayi emphasised that despite these delays, the commission “has commenced with preliminary work that includes interaction with their witnesses”.

“We remain committed to ensuring that the commission begins its work without further delays and to strengthening the operational efficiencies of the department to prevent similar setbacks in the future,” Kubayi said.

During the question-and-answer session, the Minister expressed disappointment that the commission would not begin hearings as previously announced.

“I am disappointed like many South Africans. If you remember, General Mkhwanazi made reference even to prosecutors. What we are looking for, including myself as the Minister, is to look at rebuilding the brand of NPA [National Prosecuting Authority] for example and also building confidence in the JCPS [Justice, Crime Prevention and Security Cluster].

“If this [commission] is not done and concluded in time, it will continue to have a cloud over our heads and it will also impede on our work. It can act as demoralising for the men and women who are committed in the [cluster] to work effectively.

“The President is committed and that’s why he…asked us to go public and explain in the most transparent and accountable manner to say what has led to where we are and the consequences. [We are] rebuilding public confidence in our work,” Kubayi said.

A look back

The establishment of the commission – chaired by retired Constitutional Court Justice Mbuyiseli Madlanga – was announced by President Ramaphosa following allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.

Mkhwanazi made several allegations about an alleged criminal syndicate that has spread influence into law enforcement, the NPA and intelligence services.

Mkhwanazi also made allegations against the Police Minister – alleging that Mchunu colluded with criminal elements to disband the Political Killings Task Team based in KwaZulu-Natal.

Mchunu has since been placed on leave of absence with Professor Firoz Cachalia sworn in as Police Minister earlier this month.

The commission’s hearings will be held at the Brigitte Mabandla Justice College starting at a date to be announced by the commission.

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This according to Commission Chairperson, Acting Deputy Chief Justice Mbuyiseli Madlanga, who briefed the media on Monday afternoon.

The commission was established by President Cyril Ramaphosa following serious allegations made by KwaZulu-Natal Police Commissioner, Lieutenant General Nhlanhla Mkhwanazi.

The Provincial Commissioner made several allegations about an alleged criminal syndicate that has spread into law enforcement and intelligence services, as well as allegations implicating the judiciary, prosecutors, politicians and now suspended Police Minister Senzo Mchunu.

“We can assure South Africans that the work of the commission has commenced in earnest. To be specific, our first consultation with a witness is imminent.

“That consultation will help inform what further information the commission must follow up on,” he said.

He added that the commission is mindful that the public is “eager to see the first witness in the witness stand”.

“We too are eager to see that happen and are acting with the necessary expedition to see it happen.

“That said, the fact that Lieutenant General… Mkhwanazi made the allegations does not make us ready to start hearing evidence immediately. There must be consultation and assessment of the information we gather and a follow up for buttressing the information we’ve gathered, should that be necessary,” Madlanga said.

This, he added, could include further consultations.

“We assure South Africans that we are treating the matter with the urgency that it deserves and that the commission hearings will commence as soon as the necessary initial steps to bring us to that stage have been finalised.

“We anticipate that that will be during August 2025,” he said.

Madlanga said the entities and persons under scrutiny are the SA Police Service, metro police in Gauteng, the National Prosecuting Authority, the State Security Agency, the judiciary, Correctional Services, any other institution in the criminal justice system and any member of the executive responsible for the criminal justice system.

“These entities and persons are to be investigated in relation to infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates.

“By the end of the first three-month period, we want to be in a position to submit an interim report, which, if the evidence will have shown as much, will make recommendations regarding concrete action that needs to be taken,” he said.

Securing premises

The process to secure a building for the commission, is underway as well as other infrastructure requirements.

“The public will be advised of the premises and online facilities where they can lodge information as soon as this question of procurement has been finalised. What we can say at this stage is that the commission hearings will be in Gauteng. We are doing our best to ensure that the procurement side is resolved with expedition.

“The lack of infrastructure does not affect the progress of the work of the commission. We are proceeding with the commission’s preparatory work full steam ahead,” Madlanga said.

Furthermore, appointments of professionals, who will assist the commission, have been made.

Justice Madlanga will be assisted by Advocate Sesi Baloyi SC and Advocate Sandile Khumalo SC.

Other team members include:

• Commission Secretary: Dr Nolitha Vukuza.
• Chief Evidence Leader: Advocate Terry Motau SC.
• Chief Investigator: Dr Peter Goss.
• Spokesperson: Jeremy Michaels.

Evidence Leaders

• Advocate Matthew Chaskalson SC.
• Advocate Mahlape Sello SC.
• Advocate Adila Hassim SC.
• Advocate Lee Segeels-Ncube.
• Advocate Ofentse Motlhasedi.
• Advocate Thabang Pooe.

“Regarding the timeline, we will conduct our work with the timeline in mind. Should the need arise for an extension, that is something we will address at the right time,” he said.

The proceedings are expected to be streamed live and members of the public will be permitted to attend the proceedings in person.

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