Authored By: Genevieve Kaimana
University of South Africa
On 17 September 2025, the Madlanga Commission had been established for investigating certain aspects such as corruption and interference issues in the Criminal Justice Systems. Their focus is mainly on drastic testimonies regarding the Investigative Directorate Against Corruption known as the IDAC. Thus, they urge disciplinary and criminal action against many senior officials that caused corruption. For example, the state Advocate Drushantha Ramsamy provided a testimony allegedly plotting to provide statements against the suspended National Police Commissioner Fannie Masemola while claiming former IDAC head Andrea Johnson had frequently met with the suspended police minister Senzo Mchunu. The aim of this Commission is to ensure the allegations had justice structures, the South African law enforcement infiltration, prosecution services as well as their intelligence. Thus, this investigation is led by a powerful senior such as Deputy Chief Justice Mbuyiseli who follows a structured process of investigation. Here are the following phases:
Process phases of investigation
Phase 1
Focuses on testimonies and complainants in order to start the investigation needed. This is where the primary allegations had been made. Documents such as evidence, communications, etc. They are presented and used as the foundation of the investigation process which is extremely important. Without the foundation, no investigation process may take place. The documents result in it being mapped out from the alleged criminal infiltration into law enforcement and intelligence.
Phase 2
Cross-examination falls into place by collecting the witness statements and investigating opposing ledgers. Witnesses such as institutional leaders, middlemen, and persons of interest are responding to financial and the manner in which they operate which had possibly formed corruption issues. Defenses fall part of this phase as there are different narratives and legal objections from the affected parties that causes conflict.
Phase 3
The key initial witnesses that were presenting their statements returned to address their inconsistency or the conflicts that had risen during earlier testimonies. Hearings and final rebuttals are getting wrapped up and addressed on specific institutional controversies such as IDAC actions. Final observations for submitting presidency are being compiled at this phase.
Legal Framework
Section 84 (2) (f) of the South African Constitution is the key drive in the establishment of the Madlanga Commission which gives the president the power to appoint commissions of inquiry. It operates under specific gazetted terms of references and regulations.1
Specific clauses are used as the terms of reference such as clauses 10.4 and 12 which refers to collected evidence and provided implicated names to law enforcement for criminal investigations, prosecutions as well as precautionary suspensions while the hearing are still active.2(Daily Maverick; 2026)
Regulations of the Madlanga Commissions
Madlanga Commission had set the legal framework, powers as well as operational rules under the Commission Act. Due to confidentiality needed, the contractors as well as the staff are obligated to sign oaths of secrecy. No documentation submitted to the inquiry may be leaked or even published without the chairperson’s written consent otherwise this will lead to serious consequences.
The evidence leaders or the chairperson may order any person to give a testimony or even produce documents under the oath. There is no refusal allowed. If you refuse to follow their orders, you may encounter serious consequences such as: heavily fined, being charged with contempt, or even receiving a prison sentence up to six months.
False information may not be provided, commitment of perjury and refusing to cooperate with the commission will be acknowledged as a criminal offence and will lead to fines and imprisonment.
Current investigation
The Madlanga Commission is investigating the state prosecutor Drushantha Ramsamy and the former head of IDAC Andrea Johnson to find out if the unit overstepped its mandate.
There are claims of documents being leaked or classified files allegedly linked to the political figures as well as the members of the Parliament.3
The IDAC prosecutor Drushantha Ramsamy provided a volatile testimony by accusing Andrea Johnson of altering instructions daily, ignoring important operating procedures, and lying about irregularities. Drushantha Ramsamy had revealed a recorded call where Andrea Johnson had allegedly defamed the commission and advised a witness to flee the country.
Advocated Peter Serunye had testified that Andrea Johnson had lied to the commission. He had warned her about her weak evidence and jurisdiction issues regarding Crime Intelligence cases, contradicting her testimony through their emails and had provided that to the commission as his evidence.
Conclusion
The information provided above had evidently educated individuals on the legal field as well as honesty and transparency. Andrea Johnson had made a huge mistake by trying to fool and drag the Madlanga Commission’s name and give it a bad reputation. Thus, the investigation regarding fraud will be dealt with and the necessary measures will be taken. As a leader, one is there to lead the citizens and be an example. Bad things will lead to corruption in the political factor which is extremely bad for the economy. In addition, Andrea Johnson had been really disobedient and unruly by the advice she had given a witness to ‘flee the country’ and not testify due to the false information she had provided and put herself in a trap that she cannot get out of. Obedience is key to escaping drastic consequences.
Referenc(S):
Secondary sources
Daily Maverick
Sabc news
Corruption watch
Legislation
Commissions Act
3Sabc news, 4 August 2026, ‘Johnson was warned that crime intelligence prosecutions were rushed’
Constitution
SECTION 84 (2) (F)
1 Corruption Watch, 28 July 2025, Madlanga Commission terms of reference gazetted.
2 Daily Maverick, 19 July 2026, Lessons from Zondo teach the Madlanga Commission to catch corrupt cops in real time
