The Madlanga Commission represents perhaps the most consequential investigation in post-apartheid South Africa — an inquiry into why the very institutions designed to enforce accountability were captured and weaponised.
The capture of the criminal justice system was systematic: the Scorpions were disbanded in 2008 because they were too effective. The NPA was captured through compliant NDPPs — Simelane (appointment declared unconstitutional), Jiba (found dishonest), Abrahams (appointment declared invalid). The Hawks were captured through Ntlemeza (appointment declared unlawful). Crime Intelligence provided fabricated reports to justify targeting political opponents.
Under these captured leaders, cases against Zuma allies were deprioritised or withdrawn while cases against opponents were fast-tracked or fabricated. The Asset Forfeiture Unit was degraded. Hundreds of experienced prosecutors resigned.
By the time Shamila Batohi was appointed NDPP in 2019, the NPA had lost institutional knowledge, faced a massive backlog of state capture cases, and could barely function. The Investigating Directorate she established faced capacity constraints and political resistance.
The Madlanga Commission examines all of these threads and is expected to recommend structural reforms to prevent future capture — potentially including constitutional amendments to strengthen prosecutorial independence.