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South African justice system faces 'total collapse'
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The South African justice system is at risk of "total collapse" unless urgent action is taken, KwaZulu-Natal Police Commissioner Lt-Gen Nhlanhla Mkhwanazi warned on Wednesday as he opened testimony at the Madlanga Commission.
Mkhwanazi was the first witness to testify before the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga.
The commission, currently sitting at the Bridgette Mabandla Justice College in Pretoria, is investigating alleged political interference within the South African Police Service (SAPS), the existence of criminal networks, and the shielding of criminal syndicates within law enforcement structures.
Mkhwanazi made headlines on July 6, 2025 when he delivered a dramatic media briefing dressed in Special Task Force camouflage and flanked by heavily armed STF and Tactical Response Team members.
Declaring he was in "combat mode" and ready to "die for the badge," he made serious allegations against Police Minister Senzo Mchunu and Deputy National Commissioner Lt-Gen Shadrack Sibiya.
He accused Mchunu of political interference, including allegedly shutting down a task team probing political killings. Both Mchunu and Sibiya have denied the allegations.
Taking the stand, Mkhwanazi confirmed the accuracy of his initial statement.
He was questioned by evidence leader Advocate Mahlape Sello, SC, on the origins of the document that formed the basis of the July 6 briefing.
"Commissioner, on July 6, when I made this address to South Africans, it was because I wanted to inform the public about the challenges we face as the South African Police Service," Mkhwanazi said.
"These challenges involve criminality, political interference in our work, and corruption within the justice system, of which we are a part as law enforcement."
Asked whether he authored the statement alone, he said the briefing was a product of collaboration.
"I must indicate that the July 6 briefing was the result of collective efforts by various units within the SAPS," he said.
"It reflects the shared concerns of officers across different ranks who are committed to resolving these issues so we can serve with honor and dignity."
When asked to elaborate on the risk he referred to if no action is taken, Mkhwanazi warned of systemic failure.
"It has been my aim to demonstrate that the criminal justice system has been under continuous threat and sabotage," he said.
"We believe it is at real risk of total collapse if nothing is done."
He expressed hope that the commission will help avert that outcome.
"Urgent and effective interventions are required," Mkhwanazi said. "I believe this commission will play a very important role in helping us prevent the total collapse of the justice system in our country."
Mkhwanazi also thanked the media and public for their response to his July 6 address.
"I must thank the media in South Africa for giving us the platform to share our challenges with the public," he said.
"This led to the president establishing this commission, which we greatly appreciate. The commission will help us tackle the challenges we face in executing our duties."
He acknowledged the broader public support, saying, "What we're going to talk about here may not reflect everything the public experiences in the justice system, but it focuses on the specific issues we raised on July 6."
President Cyril Ramaphosa established the commission following Mkhwanazi's revelations. Justice Madlanga chairs the inquiry, supported by advocates Sesi Baloyi, SC, and Sandile Khumalo, SC.
Dr. Nolitha Vukuza serves as the commission's secretary, and Advocate Terry Motau, SC, is the chief evidence leader.
Other evidence leaders include Advocates Matthew Chaskalson, SC, Mahlape Sello, SC; Adila Hassim, SC; Lee Segeels-Ncube; Ofentse Motlhasedi, and Thabang Pooe. The commission's chief investigator is Dr. Peter Goss.
Proceedings are ongoing.
Mkhwanazi was the first witness to testify before the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga.
The commission, currently sitting at the Bridgette Mabandla Justice College in Pretoria, is investigating alleged political interference within the South African Police Service (SAPS), the existence of criminal networks, and the shielding of criminal syndicates within law enforcement structures.
Mkhwanazi made headlines on July 6, 2025 when he delivered a dramatic media briefing dressed in Special Task Force camouflage and flanked by heavily armed STF and Tactical Response Team members.
Declaring he was in "combat mode" and ready to "die for the badge," he made serious allegations against Police Minister Senzo Mchunu and Deputy National Commissioner Lt-Gen Shadrack Sibiya.
He accused Mchunu of political interference, including allegedly shutting down a task team probing political killings. Both Mchunu and Sibiya have denied the allegations.
Taking the stand, Mkhwanazi confirmed the accuracy of his initial statement.
He was questioned by evidence leader Advocate Mahlape Sello, SC, on the origins of the document that formed the basis of the July 6 briefing.
"Commissioner, on July 6, when I made this address to South Africans, it was because I wanted to inform the public about the challenges we face as the South African Police Service," Mkhwanazi said.
"These challenges involve criminality, political interference in our work, and corruption within the justice system, of which we are a part as law enforcement."
Asked whether he authored the statement alone, he said the briefing was a product of collaboration.
"I must indicate that the July 6 briefing was the result of collective efforts by various units within the SAPS," he said.
"It reflects the shared concerns of officers across different ranks who are committed to resolving these issues so we can serve with honor and dignity."
"It has been my aim to demonstrate that the criminal justice system has been under continuous threat and sabotage," he said.
"We believe it is at real risk of total collapse if nothing is done."
He expressed hope that the commission will help avert that outcome.
"Urgent and effective interventions are required," Mkhwanazi said. "I believe this commission will play a very important role in helping us prevent the total collapse of the justice system in our country."
Mkhwanazi also thanked the media and public for their response to his July 6 address.
"I must thank the media in South Africa for giving us the platform to share our challenges with the public," he said.
"This led to the president establishing this commission, which we greatly appreciate. The commission will help us tackle the challenges we face in executing our duties."
He acknowledged the broader public support, saying, "What we're going to talk about here may not reflect everything the public experiences in the justice system, but it focuses on the specific issues we raised on July 6."
President Cyril Ramaphosa established the commission following Mkhwanazi's revelations. Justice Madlanga chairs the inquiry, supported by advocates Sesi Baloyi, SC, and Sandile Khumalo, SC.
Dr. Nolitha Vukuza serves as the commission's secretary, and Advocate Terry Motau, SC, is the chief evidence leader.
Other evidence leaders include Advocates Matthew Chaskalson, SC, Mahlape Sello, SC; Adila Hassim, SC; Lee Segeels-Ncube; Ofentse Motlhasedi, and Thabang Pooe. The commission's chief investigator is Dr. Peter Goss.
Proceedings are ongoing.
Source - iol
