Presidential Proclamation of Judicial Commission of Inquiry into the Criminal Justice System

MEDIA STATEMENT

Johannesburg, South Africa, Wednesday, 23 July 2025 — Public Interest SA welcomes President Cyril Ramaphosa’s proclamation establishing the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, pursuant to the serious and wide-ranging allegations made public by Lieutenant General Nhlanhla Mkhwanazi on 6 July 2025.

We commend the President for responding decisively to what clearly constitutes a grave threat to the integrity of South Africa’s justice and law enforcement institutions. The establishment of this Commission represents a critical and long-overdue opportunity to confront entrenched criminality, political manipulation, and systemic corruption that have undermined public trust in institutions mandated to uphold the rule of law.

We further note that the terms of reference, as gazetted, are comprehensive and indicative of an intent to pursue accountability across a wide spectrum of state actors and institutions, including the South African Police Service (SAPS), Johannesburg Metropolitan Police Department (JMPD), Ekurhuleni Metropolitan Police Department (EMPD), Tshwane Metropolitan Police Department (TMPD), National Prosecuting Authority (NPA), State Security Agency (SSA), and members of the Judiciary.

However, Public Interest SA takes note of a significant inconsistency in the language employed between Paragraphs 3 and 4 of the proclamation. While Paragraph 3 explicitly refers to the involvement of both “current and former” senior officials across the aforementioned institutions, Paragraph 4 restricts its scope to “any member of the national executive responsible for the criminal justice system” — without reference to former members of the Executive.

This omission raises concern as it could be construed to exclude former members of the Executive from scrutiny, despite the possibility that their actions or inactions may be germane to the allegations underpinning the Commission’s establishment.

We express the hope that this discrepancy is not intended to shield former members of the national executive from accountability, and we urge that clarity be provided to ensure that no individual — regardless of former or current status — is placed beyond the reach of investigation and potential consequence.

In the interest of public confidence, we further call on the Commission to adopt a transparent and victim-sensitive approach that affords due protection to whistleblowers, complainants, and witnesses who may come forward with information vital to the Inquiry’s mandate.

Public Interest SA will continue to monitor developments closely and remains committed to advocating for institutional integrity, justice, and ethical governance.

END

📸 Lt-Gen Nhlanhla Mkhwanazi. (Photo by Gallo Images / Foto24 / Brendan Croft) | Minister of Police Senzo Mchunu. (Photo by Gallo Images/Volksblad/Mlungisi Louw)

Issued by:Public Interest SA