When the guardians are watched: the Madlanga Commission and SA’s criminal justice crisis

LEGAL AUTHORITY

- NANDA SOOBBEN

THE testimony emerging from the Madlanga Commission is revealing a much deeper crisis than just the 121 transferred dockets or a disbanded task team; it’s foregrounding a pivotal question, namely: can South Africa's criminal justice system survive as a truly independent institution amidst systemic political interference and the erosion of accountability?

Recent proceedings have unearthed a chilling reality concerning how the mechanisms established to investigate political violence, historically critical in KwaZulu-Natal, might have been methodically dismantled from within structures that should oversee and uphold justice. Disturbingly, these actions were taken at the behest of political figures meant to ensure integrity in the policing system, not undermine it.

The accounts provided by key witnesses, including national police commissioner Fannie Masemola, and KwaZulu-Natal provincial commissioner Lieutenant-General Nhlanhla Mkhwanazi, weave a coherent yet deeply troubling narrative.

In March 2025, a dramatic incident unfolded when 121 active investigation dockets were abruptly transferred from the KZN Political Killings Task Team to Pretoria.

This transfer occurred without any prior consultation with the provincial commissioner, leaving him in the dark about critical operational decisions that would profoundly impact the ongoing cases he was overseeing.

Recent allegations have emerged regarding deputy national commissioner Shadrack Sibiya, claiming he authorised a significant personnel transfer without legal authority.

This decision has had serious consequences, leading to the abrupt disbandment of a task team that was actively engaged in building strong cases related to political assassinations.