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Justice Madlanga honoured by Chief Justice Maya as he prepares to lead SAPS corruption inquiry
Justice Madlanga honoured by Chief Justice Maya as he prepares to lead SAPS corruption inquiry

IOL News

timea day ago

  • Politics
  • IOL News

Justice Madlanga honoured by Chief Justice Maya as he prepares to lead SAPS corruption inquiry

Chief Justice Maya has praised retiring Deputy Chief Justice Mbuyiseli Madlanga as he bows out after 17 years on the legal fraternity. Image: GCIS Chief Justice Mandisa Maya has praised retiring Deputy Chief Justice Mbuyiseli Madlanga for his remarkable intellect, humility, and unwavering dedication to justice, as he prepares to lead the Judicial Commission of Inquiry into alleged corruption and political interference within SAPS. 'Justice Madlanga's impact has not been confined to the courtroom,' Maya said during a special sitting of the Constitutional Court, held to honour his 17 years on the bench. The ceremonial session, attended by senior members of the legal fraternity, the executive, and Parliament, was led by Maya, who paid tribute to her departing colleague. Madlanga, 63, is set to chair the Commission of Inquiry into allegations of criminality, political interference, and protection of criminal elements within the South African Police Service (SAPS). The inquiry was announced by President Cyril Ramaphosa after explosive claims were made by KwaZulu-Natal provincial police commissioner Lieutenant General Nhlanhla Mkhwanazi. Mkhwanazi accused senior police officials , including suspended Police Minister Senzo Mchunu, of interfering in politically sensitive investigations and dismantling the task team probing political killings in the province. The commission is expected to run for six months at an estimated cost of R147.9 million. Reflecting on Madlanga's legacy, Maya said Madlanga played a pivotal role as chief evidence leader in the Marikana Commission of Inquiry, saying he brought 'clarity and compassion to one of the most painful chapters in our democracy'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ 'His leadership ensured that the voices of the victims were heard and that accountability was pursued with rigour,' she said. Maya also highlighted Madlanga's achievements during his tenure as chairperson of the Exchange Control Amnesty Unit, which recovered R68 billion in offshore assets, secured R2.9 billion in levies, and expanded the tax base by R1.4 billion - accomplishments she described as 'a global benchmark for financial accountability'. In academia, Madlanga served as a visiting professor at several prestigious institutions and was instrumental in judicial education through his editorship of the South African Judicial Education Journal. 'What distinguishes him most,' Maya said, 'is what he chose to do after he rose to the highest court in the land.' Maya said in 2018, while on long leave from the Constitutional Court, Madlanga volunteered to teach constitutional law at two historically disadvantaged institutions - Walter Sisulu University and the University of the Witwatersrand. 'He understands that the legitimacy of our constitutional democracy depends on who gets to participate in it,' Maya said. She praised him as a jurist who consistently challenged the legal profession to address systemic exclusion, especially of graduates from disadvantaged backgrounds. 'He warned that unless transformation includes the most marginalised, we are merely rearranging privilege, not dismantling it.' To his colleagues on the bench, Madlanga has been 'a pillar of strength, a jurist with a sharp intellect matched only by his humility', Maya added. 'To those who have had the privilege of working alongside him, he is more than a judge - he is a mentor, a guide and a friend. His chambers were a sanctuary for many young law clerks, whom he nurtured with patience and wisdom. He taught them not just the law, but the values that underpin it: integrity, diligence and, above all, justice tempered with compassion.' Maya added, 'To me, he has been a brother in arms - a confidant whose counsel I've relied upon, whose friendship I cherish, and whose legacy I will forever admire. Justice Madlanga, this is not goodbye, but 'au revoir' - until we meet again. 'Your journey in service does not end here; it simply takes a new direction.' She wished him well as he takes on his new role leading the commission of inquiry and assured him the Constitutional Court would always remain his home. 'You will always be welcomed back with wide open arms - at least as long as I'm here,' she said. 'You have done a good job, and I have no doubt that your mother and father are smiling with pride where they are. We are. Thank you.' 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. IOL Politics

Mbuyiseli Madlanga expected to make final ConCourt judgement
Mbuyiseli Madlanga expected to make final ConCourt judgement

Eyewitness News

timea day ago

  • Eyewitness News

Mbuyiseli Madlanga expected to make final ConCourt judgement

JOHANNESBURG - With Acting Deputy Chief Justice Mbuyiseli Madlanga expected to mark his last day on the Constitutional Court bench, his final judgement will be the much-anticipated battle between Vodacom and Nkosana Makate. Madlanga leaves after serving 17 years on the bench. The acting chief justice will complete his duties at the apex court to take on the task of chairing the Judicial Commission of Inquiry investigating the explosive allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. After a career of a total of 17 years on the bench, Madlanga will hang his robes on Thursday in the Constitutional Court. The court will have a special ceremony in his honour as he says his goodbyes. Madlanga's career on the bench started at the Mthatha High Court in 1996 when he was appointed judge at the young age of 34, making him the youngest judge at the time. In 2001, Madlanga left the bench and returned to the bar as senior counsel but he would eventually return as a judge and was ultimately appointed to the Constitutional Court in 2013. On Thursday, Madlanga will deliver his final judgement involving Vodacom and Please Call Me's Nkosana Makate. The telecommunications giant is challenging the Supreme Court's ruling that said it should pay Makate between R29 and R53 billion instead of its R47 million offer.

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

IOL News

timea day ago

  • Politics
  • IOL News

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

Justice Mbuyiseli Madlanga is bowing out after 17 years on the bench. Image: Screengrab: SABC/YouTube 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. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading '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. IOL Politics

Madlanga inquiry: Probe into Mkhwanazi's allegations to cost R147.9m
Madlanga inquiry: Probe into Mkhwanazi's allegations to cost R147.9m

The Citizen

time2 days ago

  • Politics
  • The Citizen

Madlanga inquiry: Probe into Mkhwanazi's allegations to cost R147.9m

KwaZulu-Natal (KZN) Police Commissioner Lieutenant General Nhlanhla Mkhwanazi will be the first to be consulted. Acting Deputy Chief Justice Mbuyiseli Madlanga's inquiry into KwaZulu-Natal (KZN) police chief Lieutenant General Nhlanhla Mkhwanazi's allegations of criminal infiltration into the South African justice system is expected to cost taxpayers an estimated R147.9 million. This was revealed to The Citizen by the department of Justice and Constitutional Development spokesperson Terence Manase on Tuesday. 'Regarding your specific inquiry, we can confirm that the department of Justice and Constitutional Development is responsible for the procurement process for services for the Commission in consultation with the Commission Chairperson and Secretary,' Manase told The Citizen. Millions Manase said that due to the timeframes, the department has applied for a 'deviation from standard procurement processes' with the National Treasury for the Madlanga Commission and 'is awaiting feedback.' 'The estimated budget for the Commission over a six-month period is R147.9 million.' On Monday, Madlanga said his team was treating the bombshell revelations by Mkhwanazi regarding police interference with the urgency they deserve. He outlined the process of the Judicial Commission of Inquiry into criminality, political interference and corruption in the criminal justice system at a media briefing in Sandton, which included scheduling Mkhwanazi as the first to be consulted. ALSO READ: 'Ramaphosa will go down in history as one of the most useless presidents' – analyst Judicial commission President Cyril Ramaphosa announced his decision to establish a commission of inquiry to investigate the serious allegations of political interference in police operations made by Mkhwanazi earlier in July. During the briefing, Madlanga also revealed they would meet with Mkhwanazi in the coming days. 'The imminent consultation that I referred to is going to be with Lieutenant General Mkhwanazi. One has no idea what the consultation will lead to.' Allegations Madlanga added that the timeline for the commission of inquiry into criminality, political interference and corruption in the criminal justice system is 'quite tight'. 'Regarding the timeline, we will conduct our work with the timeline in mind. Should the need arise for an extension, that is something we will address at the right time. 'Just looking at the allegations that were made on the 6th of July, they seem to cover quite a wide spectrum and, in consultations and investigations, are likely to yield a lot more than what was referred to in the allegations 6 July. So the timelines, I must say, do appear to be quite tight,' Madlanga said. The commission is expected to deliver a preliminary report in three months and a final report within six months of its formation. ALSO READ: Has government been blue-ticking State Capture report recommendations? Ramaphosa answers

How can the state protect witnesses who testify in the Mkhwanazi commission of inquiry?
How can the state protect witnesses who testify in the Mkhwanazi commission of inquiry?

TimesLIVE

time3 days ago

  • Politics
  • TimesLIVE

How can the state protect witnesses who testify in the Mkhwanazi commission of inquiry?

Hearings for the commission of inquiry into KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi's allegations are expected to begin in August, according to acting deputy chief justice and commission chair Mbuyiseli Madlanga. The commission, established by President Cyril Ramaphosa, will look into allegations of criminality, political interference and corruption in the criminal justice system. Interim reports are expected after three and six months, with a final report later. Briefing the media on Monday, Madlanga confirmed they had scheduled a consultation with Mkhwanazi to get the process under way. 'We assure South Africans the work of the commission has commenced in earnest. Our first consultation with a witness is imminent. That consultation will help inform what further information the commission must follow up on,' he said. Concerns have been raised about the protection of witnesses who may come forward to testify. Madlanga said applications for evidence to be heard behind closed doors will not be easily granted, except for matters of state security or documents that should not be in the public domain. Witnesses will be protected. 'The commission will ensure protection of potential witnesses. All proceedings may be held in public or private as the chairperson deems necessary.'

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