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Madlanga commission to meet its first hurdle in court challenge on Thursday

Posted on September 16, 2025
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The commission was initially supposed to begin its work on 1 September.

While South Africans await the commencement of the Madlanga commission of inquiry, the uMkhonto weSizwe (MK) party says the hearings should not go ahead.

In a media statement on Monday, party spokesperson Nhlamulo Ndhlela said the party would challenge the legality of the commission in the Gauteng High Court in Pretoria on Thursday.

The commission is expected to begin hearings on Wednesday with Lt Gen Nhlanhla Mkhwanazi as the first witness.

“The MK party unequivocally rejects the reckless and unlawful decision of the so-called Madlanga Commission to commence hearings on Wednesday, 17 September 2025, despite the fact that its very legality, establishment, and composition are scheduled to be challenged before a full bench of the Pretoria High Court on Thursday, 18 September 2025,” Ndhlela said.

Why the rush?

Ndhlela described the commencement of the hearings as “rushed” and “irregular”.

“It is a calculated maneuver designed to pre-empt, undermine, and possibly frustrate the court challenge brought by the MK party and Zuma in his personal capacity.

“Such contemptuous conduct towards the courts further illustrates the desperation of Cyril Ramaphosa and his compromised administration to sanitise illegality through speed and subterfuge,” he said.

MK party’s arguments

Ndhlela said the MK party is also against the appointment of retired judge Mbuyiseli Madlanga as the chairperson of the commission.

“We reiterate that it is patently unlawful and irrational for Ramaphosa to appoint a sitting judge to head a commission tasked with investigating allegations that directly implicate members of the judiciary in corruption, gangsterism and criminal syndicates.

“This egregious conflict of interest ensures that the commission can never command legitimacy, independence or public confidence.

“Its findings are pre-tainted and will amount to nothing more than an expensive political smokescreen,” he said.

Ndhlela said the party will also argue against the appointment of the acting minister of police Firoz Cachalia and the placing of Senzo Mchunu on special leave pending investigations by the Madlanga commission.

“These reckless and unlawful acts will be subject to judicial scrutiny on 18 and 19 September, where we are confident that a court of law will strike them down as invalid, irrational and unconstitutional.

“The premature commencement of the commission is therefore nothing but a premature waste of taxpayers’ money,” he said.

ALSO READ: Subpoena route against Mkhwanazi ‘not desirable’, ad hoc committee decides

Costs of the commission

Last week, Justice and Constitutional Development Minister Mamoloko Kubayi gave a breakdown of the total preliminary budget for the commission.

The commission is expected to cost the taxpayer almost R148 million.

Commissioners, evidence leaders and legal researchers have been allocated  R64 million.

Support staff have been allocated almost R5 million and operational logistics have been allocated  R79 million.

The commission will take place at the Brigitte Mabandla College in Pretoria.

Corruption allegations

In July, KZN police commissioner Nhlanhla Mkhwanazi made allegations which implicated politicians, police, the judiciary and prosecutors in widespread corruption.

The Madlanga commission will look into these allegations and will be open to the public.

NOW READ: Madlanga commission delay ‘problematic’ – political analyst

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