The postponement of the Madlanga Commission of Inquiry into allegations of criminality, political interference, and corruption in the Criminal Justice System has caused a stir following the delays that dominated the State Capture Commission a few years ago.

The Madlanga Commission, named after its head, Justice Mbuyiseli Russel Madlanga, was expected to delve deeply into allegations made by General Nhlanhla Mkhwanazi concerning systemic corruption in the criminal justice system, implicating top officials.

However, the Department of Justice and Constitutional Development revealed that procurement processes for essential infrastructure, including witness protection and ICT infrastructure, have contributed to the delays.

In a statement on Tuesday, the commission said it has yet to decide on a new date for the inquiry. 

Coupled with the recent controversy of the National Dialogue, the announcement that the Madlanga Commission, which was meant to kick off its work on Monday, September 1, will be delayed has once again resulted in political parties and analysts reacting strongly to the announcement.

On Sunday, July 6, Mkhwanazi alleged that some of the country’s senior officials in the South African Police Service (SAPS) are involved in corruption, with Police Minister Senzo Mchunu, who has been placed on special leave, accused of having associated himself with criminal syndicates.

The commission was set to begin its work following an announcement that it had also secured an office at the Bridgette Mabandla Justice College in Pretoria Central. 

Addressing the media on Tuesday, Justice Minister Mmamoloko Kubayi stated that the venue has been confirmed pending preparations, with only the protection of whistle-blowers and procurement of ICT tools being some of the outstanding items.

“Protection of witnesses in terms of the guidelines, we are finalising that, but as you know, this is one of the areas that is sensitive, which will not be discussed publicly. We will utilise some of the methods that were done by the Zondo Commission, but will upgrade them. We were going to have a meeting with the commission yesterday, unfortunately, the meeting could not happen,” the minister stated.

Reacting to the announcement, political analyst Ntsikelelo Breakfast urged South Africans not to take the postponement to heart as the work of the commission cannot be judged by the delays, but through the evidence garnered during the process.

“This is an important commission. Its rationale is to uncover the truth about what is alleged to have happened regarding the allegations made by General Nhlanhla Mkhwanazi. The work of the commission needs to be thorough, and some processes should be followed in terms of booking the venue and other logistical challenges. I do not think, therefore, that we should read too much into the postponement,” he said.

Offering a divergent view of the postponement, Mzoxolo Mpolase revealed that, in light of the State Capture Commission and the recent National Dialogue debacle, the delay is symptomatic of what is wrong with South African political leadership, which leaves much to be desired when it comes to fixing the country and its challenges.

“An urgent thing which was gazetted as such should commence as soon as possible because an expectation was made that it would commence on a specified date. The commission can only work when it is well-resourced. That has not happened; that can only go back to the executive and President Cyril Ramaphosa. This notion that things are not taken seriously… This is a pattern, and we can recall even during Covid-19, the State Capture Commission, and the National Dialogue. The pattern continues under Cyril Ramaphosa’s presidency,” he stated.

Meanwhile, the EFF, in a statement, decried the announcement, saying it is not surprised.

“It is the EFF’s considered view that this forms part of a deliberate attempt to stifle accountability and we are vindicated that the establishment of this commission by President Cyril Ramaphosa was nothing but a pretence at action, knowing very well that there was an intention of ever holding his close political ally and current Minister of Police Senzo Mchunu accountable for the allegations against him,” said EFF spokesperson, Sinawo Thambo.

Echoing the EFF, the MK Party said it was not surprised by the announcement, with its spokesperson, Nhlamulo Ndhlela, saying: “The delay has created a convenient loophole for implicated individuals such as Commissioner Sibiya, who now argues that his placement on leave is unnecessary because the allegations remain untested in the absence of a sitting commission. The MK Party rejects these weak justifications and views them as calculated obstructions of justice.”

siyabonga.sithole@inl.co.za

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