152 days later, the three legal minds continue probing allegations of criminality

• The Madlanga Commission has completed 152 sitting days since opening its hearings on 17 September 2025.
• Chaired by retired Justice Mbuyiseli Madlanga, the commission is investigating allegations of criminality, political interference and corruption within South Africa’s criminal justice system.
• More than 40 official documents, transcripts and video recordings have created one of South Africa’s most comprehensive public records of a commission of inquiry.

After 152 sitting days, the Madlanga Commission has grown into one of South Africa’s most closely watched judicial inquiries, examining allegations of criminality, political interference and corruption within the country’s criminal justice system.

For over 11 months, retired Justice Mbuyiseli Madlanga and commissioners Advocate Sesi Baloyi SC and Advocate Sandile Khumalo SC have presided over marathon hearings that routinely stretch between eight and 10 hours a day, hearing evidence that could shape future reforms to South Africa’s criminal justice system.

Established by President Cyril Ramaphosa on 23 July 2025 following allegations made by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi, the commission has already generated more than 40 official documents, alongside thousands of pages of transcripts and hours of video recordings.

At the centre of the inquiry are three accomplished legal minds responsible for weighing the evidence and ultimately making findings and recommendations to the President.

Justice Madlanga brings decades of judicial experience

Chairing the commission is retired Constitutional Court Justice Madlanga, who completed his 12-year term on South Africa’s highest court on 31 July 2025 after serving as Acting Deputy Chief Justice.

Born in Njijini village near Mount Frere in the Eastern Cape, Justice Madlanga attended Mariazell High School before studying law at the University of Transkei, where he received the Juta Law Prize as the institution’s top law student.

He later obtained an LLB from Rhodes University in 1986 and an LLM from the University of Notre Dame in the United States in 1990. Before joining the Bench, he lectured in customary law, delict and advanced contract at the University of Transkei, spent time at Amnesty International’s Washington office and practised as an advocate in Mthatha.

At the age of 34, Justice Madlanga was appointed to the High Court in Mthatha, becoming one of South Africa’s youngest judges. His judicial career later took him to acting appointments in the Supreme Court of Appeal and the Constitutional Court before he returned to the Bar. 

He also served as Deputy Chairperson of the Competition Tribunal and as an evidence leader during the Farlam Commission before joining the Constitutional Court permanently in August 2013.

Justice Madlanga authored several landmark judgments during his 12 years on the Constitutional Court. In S v Steyn, he declared provisions removing automatic appeal rights unconstitutional. 

His first Constitutional Court judgment in Gaertner v Minister of Finance examined constitutional protections against warrantless searches, while DE v RH abolished South Africa’s long-standing civil claim for damages arising from adultery.

Explaining the chairperson’s role, the commission says Justice Madlanga presides over the hearings, rules on applications and procedure, ensures the orderly receipt of evidence and, together with the commissioners, is responsible for the commission’s findings and recommendations to the President.

Advocate Sesi Baloyi SC strengthens the panel

Joining Justice Madlanga is Advocate Baloyi, a Senior Counsel at the Johannesburg Bar whose practice spans constitutional, administrative, commercial, labour and local government law.

Advocate Baloyi was admitted as an attorney in 1997 before joining the Bar in 2005. Early in her career, she served as a researcher to the then Constitutional Court Justice Albie Sachs, gaining first-hand experience in constitutional jurisprudence.

In 2022, President Ramaphosa appointed her to the Judicial Service Commission, where she was later elected spokesperson. Her appointment to the commission added extensive constitutional and public law expertise to the three-member panel.

Advocate Sandile Khumalo SC completes the panel

Completing the panel is Advocate Khumalo, another Senior Counsel at the Johannesburg Bar. Advocate Khumalo specialises in employee benefits, pensions, labour law, insurance, medical schemes and commercial litigation.

The first member of his family to attend university, he received the African Advocate Award from 18 Red Lion Chambers in London in 2006, where he worked alongside leading King’s Counsel and observed criminal proceedings, including trials at the Old Bailey.

He was appointed Senior Counsel in May 2021 and has also served as an acting judge of the High Court. Since 2018, he has been recognised by Best Lawyers in South Africa for his expertise in employee benefits law. 

The commission says commissioners hear the evidence, question witnesses, rule on procedure, and contribute to the findings and recommendations to the President.

Building a historic public record

Since opening its hearings on 17 September 2025, the commission has compiled one of South Africa’s most comprehensive public records of a judicial inquiry.

Its archive now spans 152 sitting days and more than 40 official documents, supported by thousands of pages of transcripts and hours of video recordings. 

Every sitting day is presented in chronological order, with summaries, transcripts and official videos enabling the public to follow the inquiry from its opening hearing through to the latest testimony.

The commission describes the archive as South Africa’s first and only dedicated public-record archive of the Madlanga Commission of Inquiry. It says the archive turns 152 sitting days and 40 official documents into a single, readable, cross-referenced public record so anyone can follow what the Madlanga Commission heard, who said it, and what it ruled.

A commission with national significance

The commission’s mandate is to investigate allegations of criminality, political interference and corruption within South Africa’s criminal justice system. 

Its work includes hearing evidence under oath, considering documentary evidence, ruling on procedural issues, assessing witness credibility and ultimately making findings and recommendations to the President.

While evidence is led by the commission’s evidence-leading team, the responsibility for weighing that evidence and reaching conclusions rests with Justice Madlanga, Baloyi and Khumalo.

With the inquiry continuing to hear witnesses, the work of the three-member panel is far from complete. Their findings and recommendations could help shape the future of South Africa’s criminal justice system and influence public confidence in the institutions responsible for upholding the rule of law.

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