[MEDIA STATEMENT] Judges Matter welcomes Madlanga Commission of inquiry

Judges Matter welcomes Madlanga Commission of inquiry into allegations of interference in the criminal justice system in South Africa

JUDGES MATTER STATEMENT

14 JULY 2025

Judges Matter welcomes President Ramaphosa’s appointment of a commission of inquiry into the serious allegations made by KwaZulu-Natal Provincial Police Commissioner Nhlanhla Mkhwanazi that parts of the criminal justice system have been infiltrated by criminal elements.

In his public statement, Mkhwanazi mentioned that “the KZN Political Killings Task Team had unmasked a syndicate which involves politicians, law enforcement (SAPS, metro police, correctional services), prosecutors, and the judiciary in Gauteng, which is controlled by [a] drug cartel (sic), as well as business people.” While these allegations are serious, Mkhwanazi did not specify the details.

We therefore echo Chief Justice Mandisa Maya’s call that these allegations must be substantiated with facts and evidence, and that they be referred to the relevant authorities. We believe that Mkhwanazi (or anyone else) now has an opportunity to place the allegations—with the relevant details and evidence—under oath before the Commission.

Section 14 of the Judicial Service Commission Act of 1994, and Section 6A of the Magistrates Act of 1993, require that all complaints against judges and magistrates be submitted on affidavit, with the supporting facts, evidence, and information. At this stage, neither the JSC nor the Magistrates Commission can deal with Mkhwanazi’s allegations until a formal complaint under oath is filed. However, evidence submitted under oath in a commission of inquiry can be investigated.

Judges Matter researcher Mbekezeli Benjamin states:

“Considering the relatively small size of the judiciary, and the possibly narrow scope of the investigation, we hope that the Commission will prioritise the allegations against the judiciary and deal with them in the first interim report, due in the next three months. This will go a long way in removing the cloud of suspicion that has no doubt been created by Mkhwanazi’s statement, and will either allow those implicated to be dealt with or the allegations to be dismissed for lack of substantiation. Either outcome will assist in upholding the integrity and independence of the judiciary. The longer the allegations linger, the greater the damage they do to the judiciary.”

While we understand the ‘commission fatigue’ South Africans feel, it is worth noting that the two judicial officers implicated in the Zondo Commission of Inquiry—Gauteng High Court Judge Nana Makhubele and Pretoria Chief Magistrate Desmond Nair—have had concrete action taken against them, including criminal proceedings, in line with the recommendations of the Zondo Commission.

See more:
🔹 Newzroom Afrika | Prioritise Mkhwanazi’s claims about judiciary – Judges Matter

🔹 SABC News | Mkhwanazi Allegations | Independence of Judiciary under scrutiny: Mbekezeli Benjamin