Public Interest SA Engages With Phase One of the Madlanga Commission of Inquiry

Johannesburg, Wednesday, 14 January 2024 — Public Interest SA confirms that it has completed and locked Phase One of its independent analysis arising from the public proceedings of the Madlanga Commission of Inquiry.

Phase One does not determine nor engage criminal guilt. Its purpose is to assess whether evidence presented publicly before the Commission discloses institutional risk, governance failure, or vulnerabilities that may compromise the integrity of the criminal justice system while investigations and prosecutions remain live.

Relationship to the Commission’s Reporting

Public Interest SA notes that the Madlanga Commission has already submitted a preliminary Phase One report to President Cyril Ramaphosa, which has not been made public, and that the Commission’s final report will be released publicly in due course.

This analysis does not seek to anticipate, second-guess, replicate, or substitute the Commission’s report to the President. It is an independent public-interest assessment, drawn exclusively from the Commission’s public proceedings, focused on institutional risk and governance exposure while formal processes continue.

Publication Approach

Public Interest SA is satisfied that the publication approach adopted is lawful, proportionate, and consistent with the public interest, and appropriately balances transparency with the protection of witnesses, evidence, and the integrity of ongoing and future proceedings.

Phase One comprises two components:

• Volume I (Public): A public-facing report setting out institutional risk, governance exposure, and the constitutional basis for precautionary measures, without naming individuals or prejudging outcomes.

• Volume II (Controlled Circulation): A consolidated analytical volume that integrates publicly available testimony, chronologies, and linkages relating to municipal policing and Gauteng-linked interference. While based entirely on material already in the public domain, this volume is circulated on a controlled basis because its synthesis materially alters the risk environment while proceedings remain live.

This approach reflects responsible timing, not secrecy.

Public Interest and Institutional Respect

This work has been undertaken in the public interest, with due regard for:

• the independence and authority of the Commission;

• the constitutional roles of the President, the Executive, and Parliament;

• the operational independence of law-enforcement agencies; and

• the rights of all implicated persons to due process and fair trial.

Public Interest SA recognises that relevant authorities may already have initiated appropriate interventions in response to risks emerging from the Commission’s work. Where such steps are underway, confirmation is welcomed in the interest of public confidence.

Looking Ahead

Phase One is intended to stabilise the institutional environment. Phase Two, in due course, will engage questions of responsibility and accountability as determined by lawful processes.

A copy of the full report can be downloaded by clicking this link: https://www.publicinterest.org.za/madlanga-commission-report

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ERRATUM:

An earlier version of the chapter Actors, Institutions and Linkages contained an editing error that could have been read as implying evidentiary implication of certain SAPS officials, which was not intended or supported. The error was identified shortly after publication and has since been corrected. We regret any confusion this may have caused, and the revised document has replaced the earlier version on our website.

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Issued by: Public Interest SA