Issued by Thando Malinga on behalf of the FW de Klerk Foundation on 18/09/2025

After weeks of anxiety over postponements, the Madlanga Commission finally opened its public hearings at the Brigitte Mabandla Justice College in Pretoria, chaired by Acting Deputy Chief Justice Mbuyiseli Madlanga. Justice Madlanga opened the hearing with a warning that if the allegations of criminal capture are proven “criminals in power” could control the justice system – underscoring the grave stakes for South Africa’s constitutional order and for its future. The urgency has not decreased because hearings have started; it has intensified. Momentum, transparency and witness protection must now aptly match the moment.

While the reasons highlighted for the initial delays in the commission are due to procuring infrastructure from the Department of Justice and Constitutional Development (“DoJ&CD”). These postponements have had significant implications, not only to the public, but for those implicated in the alleged corruption expressed by KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi. Paul O’Sullivan, founder for Forensics for Justice, highlighted that this initial postponement created grounds for the intimidation of witnesses, the destruction of evidence and has ultimately eroded public confidence in the ability of our democratic institutions to hold those in power accountable.

Section 195 of the South African Constitution demands accountability, transparency and efficiency in public administration. Likewise, section 165 safeguards the independence of the judiciary, ensuring that justice is not delayed or denied. When government departments, such as the DoJ&CD, fail in the delivery of a commission of such national importance, they are undermining the very principles of constitutional governance, while showcasing a lack of commitment in addressing the pressing national issues of corruption.

The Madlanga Commission is meant to investigate allegations of political interference and corruption tied to KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi. For the youth in KwaZulu-Natal, a province battling with political killings and criminal networks, this commission should be a representation of a turning point, an affirmation that the Constitution protects even the most vulnerable from those who abuse power. Instead, citizens are met with endless delays as the state cannot demonstrate urgency in addressing systemic corruption in policing (a major department in ensuring security for citizens). The FW de Klerk Foundation asks “What hope do young whistleblowers or activists have that the system will protect them when they speak truthfully regarding those in power?”

The truth is a system that delays justice is a system that denies justice. Every postponed hearing allows those implicated in the corruption more time to interfere with evidence, intimidate witnesses and weaken the momentum for reform. This allows for the captured criminal justice system to continue to play in favour of bad apples. These failures showcase that those with power can buy time, while ordinary citizens are forced to endure the consequences of misgovernance. If constitutional accountability drivers, such as commissions of inquiry, hold no authority due to endless delays, young South Africans will increasingly lose faith in democratic institutions.

While the Constitution does not stand solely as a legal document, it is a social contract, one that guarantees young South Africans the right to live in a society governed by justice, fairness and transparency. The saddening reality of South Africa is that this contract is only as strong as the willingness of institutions to uphold it – which has been a failure thus far. The youth must take action and position themselves as custodians of the Constitution, as it is no longer enough to wait for the older generations to fix a system that they themselves have allowed to fall apart. Civil society, student movements and youth-led organisations must stand up and demand accountability, not only from politicians but also from state institutions like the Department of Justice and Constitutional Development.

The opening of the public hearings must resemble the end of excuses. From this point, the Madlanga Commission should be judged by its pace, its protection of whistleblowers and witnesses, its ability to compel evidence from implicated officials and its delivery of clear, time-bound recommendations with an implementation monitor. Young South Africans should fill the gallery, make submissions, track deadlines and insist that Parliament and the Executive act on the findings. Justice that was delayed must now be done – and seen to be done – in line with sections 165 and 195 of the Constitution. The hearings have begun; the measure of our democracy will be whether they deliver real accountability and renewal for the next generation.