The high-profile Commission of Inquiry into allegations of criminality, political interference, and corruption within South Africa’s criminal justice system is confirmed to commence its public hearings on September 17th, following a brief delay.
The inquiry, officially named the Madlanga Inquiry after its head, Justice Mbuyiseli Madlanga, announced its readiness during a media briefing. The delay from its original start date was attributed to the necessary procurement of sophisticated IT and ICT services to ensure the proceedings proceed without technical interruptions.
Despite being granted a six-month mandate by President Cyril Ramaphosa to complete its work, the commission has not ruled out the possibility of requesting an extension. A spokesperson for the inquiry indicated that the initial delay would be a factor in discussions with Justice Minister Mmamoloko Kubayi and President Ramaphosa regarding a potential adjustment to the timeline.
“Realistically, there will have to be some adjustment,” the commission’s representative stated. “That is a matter with which Justice Madlanga, the minister of justice, and the president will engage on and take into account the delay and its impact.”
A key point of clarification from the briefing addressed the legal weight of the commission’s eventual conclusions. The inquiry explicitly confirmed that its findings will not be legally binding. Instead, its function is to conduct a public hearing and make recommendations to the president.
“Are our findings binding? And there the law is clear. Our findings are not binding,” the spokesperson said. “All that we can do is make a recommendation to the president. Our recommendation doesn’t bind the president.”
The commission also moved to reassure the public and the South African Police Service (SAPS) that its work would run parallel to, and not hinder, ongoing police investigations. The spokesperson specifically mentioned the 121 dockets currently being handled by the political killings task team, affirming that those investigations are expected to proceed without impediment.
“The commission has no intention to impede the work of the SAPS. Certainly, the public would expect that investigations that are currently underway would proceed,” the spokesperson said.
As the start date approaches, Lieutenant General Nhlanhla Mkhwanazi is slated to be the first witness to take the stand when the hearings begin next Wednesday. The commission is required to submit an interim report to President Ramaphosa within three months.