ConCourt bids farewell to Justice Madlanga as he prepares to chair R148million SAPS corruption inquiry

Acting Deputy Chief Justice Mbuyiseli Madlanga, who is set to lead the Judiciary Commission of Inquiry into alleged criminality, political interference, and corruption within the police service, is retiring on Friday morning after 17 years on the bench.

The Constitutional Court will hold a special sitting today at 10 am to officially mark his retirement. 

The ceremonial session will be led by Chief Justice Mandisa Maya and attended by senior figures in the legal fraternity, the executive, and Parliament.

Madlanga, 63, is preparing for his next chapter as chairperson of the Commission of Inquiry into alleged interference and protection of criminal elements within the South African Police Service (SAPS). 

The commission, which is estimated to cost R147.9 million over six months, was established by President Cyril Ramaphosa following explosive allegations made by KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi.

Mkhwanazi accused senior police officials, including suspended Police Minister Senzo Mchunu, of meddling in politically sensitive investigations and disbanding the political killings task team in the province.

Madlanga addressed the media on Monday, confirming that preparations for the commission’s work are under way. 

Public hearings are expected to begin in August, although no specific date has been confirmed due to ongoing evidence assessments and consultations.

“The fact that General Mkhwanazi made the allegations doesn’t mean we are immediately ready for hearings,” Madlanga said. “There must first be assessments and further consultations.”

The commission is currently in its setup phase, including the procurement of a venue in Gauteng where the hearings will be held. 

Once finalised, the public will be informed, including how to submit information online to support the inquiry. 

Madlanga stressed the importance of public trust and transparency and confirmed that consultation with the commission’s first witness is imminent.

Who is Justice Mbuyiseli Russel Madlanga?

According to his biography on the Constitutional Court website, Madlanga was in the rural village of Njijini near Mount Frere in the Eastern Cape.

Madlanga matriculated from Mariazell High School and obtained a BJuris degree from the University of Transkei (Unitra), where he received the Juta Prize for best law student. 

He went on to earn an LLB from Rhodes University and an LLM in Human Rights and Constitutional Law (cum laude) from the University of Notre Dame in the United States.

He began his career lecturing law at Unitra before completing his pupillage and joining the Mthatha Bar. 

At 34, he became South Africa’s youngest High Court judge, later serving as Acting Judge of Appeal at the Supreme Court of Appeal and as Acting Judge President of the Mthatha High Court. 

He was also appointed as an Acting Justice of the Constitutional Court.

After resigning from the bench due to personal reasons, he returned to legal practice as senior counsel, appearing before courts across South Africa, including the Constitutional Court. 

He also represented the country at the International Court of Justice in The Hague in the matter concerning the construction of a wall in the Occupied Palestinian Territory.

Among his notable roles:

-Chairperson of the Exchange Control Amnesty Unit, which disclosed R68.6 billion in offshore assets and added R1.4 billion to the tax base

-Chief Evidence Leader in the Marikana Commission of Inquiry

-Justice of the Constitutional Court (appointed permanently on 1 August 2013)

- Deputy Chairperson of the Competition Tribunal

-Member of the Judicial Service Commission

-Visiting Professor at Notre Dame Law School, holding the prestigious Clynes Chair

-Editor-in-Chief of the South African Judicial Education Journal

-Editorial board member of the South African Law Journal and the Yearbook of South African Law

In 2016, Walter Sisulu University awarded him an honorary Doctor of Laws (LLD) in recognition of his service.

Madlanga also served for eight years on the Arbitration Panel of the Methodist Church of Southern Africa.

simon.majadibodu@iol.co.za

IOL Politics