Lieutenant General Mkhwanazi's testimony highlights threats to justice in South Africa

KwaZulu-Natal SAPS Commissioner Lieutenant General Nhlanhla Mkhwanazi warned that the South African criminal justice system is teetering on the edge of collapse, and the Madlanga Judicial Commission of Inquiry is crucial in preventing a complete breakdown.

Mkhwanazi made this assertion on the first day of his testimony before the Commission at the Brigitte Mabandla Justice College in Pretoria on Wednesday. 

He emphasised that criminality and corruption pose a significant threat to the independence of South Africa's justice system.

He said that his concerns about political interference in police work are shared by many within the SAPS. 

He referenced his public statements made during a July 6 media briefing, noting that his sentiments resonated with numerous colleagues.

“I want to demonstrate that the criminal justice system has been subjected to a continuous threat as well as sabotage. We believe there is a real risk of total collapse if nothing is done,” Mkhwanazi told the Commission.

Chief evidence leader Terry Motau had earlier outlined that the Madlanga Inquiry would be conducted in three phases.

He said the Commission will start by hearing extensive testimony from Mkhwanazi, who will be required to provide detailed accounts of his claims, present any supporting evidence, such as documents, communications, and reports.

He will also undergo questioning from evidence leaders and the Commission to clarify and verify the timelines and specifics of each allegation.

He emphasised that Mkhwanazi will identify the individuals and institutions involved, under oath and on record, while taking into account safety concerns that may require sensitive information to be heard in camera to protect ongoing investigations.

He revealed that witnesses corroborating Mkhwanazi's allegations will include National Commissioner General Fannie Masemola, members of the Political Killings Task Team, detectives, prosecutors, and experts. 

Those implicated, including the suspended Minister of Police, Senzo Mchunu will be invited to provide testimony.

In the second phase, the Commission will thoroughly examine the evidence and, where necessary, evaluate rebuttals to the allegations made during Phase One.

Motau said: “Individuals and institutional representatives implicated by Lieutenant General Mkhwanazi’s statements and evidence—including, for instance, the suspended Minister of Police—will be invited or, if necessary, compelled to appear before the Commission and provide testimony.”

In Phase Three, the final phase, the Commission will hear further testimony from Mkhwanazi and other key witnesses to respond to the perspectives and counter-allegations made by those implicated during Phase Two.

Motau said: “This phase will provide Lt Gen Mkhwanazi the opportunity to respond directly to any conflicting accounts, clarify points of contention and, where necessary, offer additional evidence or context. Should there be aspects where he recognises errors or omissions, this will be the appropriate juncture for such acknowledgements.”

Justice Mbuyiseli Madlanga noted in his opening remarks that the South African public's interest in the investigation is unsurprising, given the serious nature of Mkhwanazi's allegations made on July 6, 2025, regarding the alleged infiltration or undue influence on the criminal justice system.

“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,” he said 

He said the Commission’s task is to investigate whether the criminal justice system is what it should be or whether it has been infiltrated by criminal syndicates. 

rapula.moatshe@inl.co.za