The Madlanga commission on inquiry has heard evidence pointing to serious criminality within the country’s criminal justice system, with criminal elements allegedly infiltrating and exerting undue influence over key institutions.
Commission chairperson retired justice Mbuyiseli Madlanga made the remarks on Thursday when he reflected on the commission’s work since it began its public hearings on September 17 last year.
Madlanga cautioned, however, that the commission had not yet assessed all the evidence before it and would only make definitive findings and determinations in its final report once the evidence had been fully considered.
“That notwithstanding, I cannot but say a few words on the trends that are emerging,” he said.
“Unfortunately what is emerging from the evidence is that there are indications of serious criminality within the criminal justice system and this is the result of the infiltration of, and undue influence on, the criminal justice system by elements of criminality.”
The fact that a number of players within the criminal justice system had been criminally charged, with some dismissed from their positions and others facing disciplinary proceedings, lent credence to the indications, he said.
“It is commendable that what appears to be criminality within the criminal justice system is coming out. This is commendable because hopefully that will help towards stemming the tide. What is painful, though, is that this apparent criminality suggests that for some time, our criminal justice system has been populated by malleable, corrupt state functionaries.”
The revelations emerging from the inquiry should ultimately lead to justice being served and result in meaningful measures to prevent similar forms of alleged criminality from recurring within the criminal justice system, he added.
Since the commission began its first public hearing last year, it has heard evidence from 110 witnesses during 174 days of hearings, up to Wednesday this week. The witnesses have included:
- 36 SAPS officers;
- 25 officers from the Hawks;
- four Johannesburg metropolitan police department officers;
- eight officials from the Ekurhuleni metro police department and the City of Ekurhuleni;
- six Tshwane metro police department officers and City of Tshwane officials;
- two Gauteng traffic department officers;
- seven officials from the Investigating Directorate Against Corruption and the National Prosecuting Authority;
- five officials from the Independent Police Investigative Directorate;
- two MPs;
- 11 private individuals; and
- three experts who have assisted the commission in developing recommendations on possible institutional reforms across the criminal justice system.
Sowetan