16 October 2025 | 11:30 CAT
3-minute read

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Erosion of witness trust reveals deeper crisis in SA’s criminal justice system

Recent disruptions at the Madlanga Commission, particularly in how Witness X was handled, have underscored a growing crisis of confidence in the state’s ability to protect those who testify in high-risk or politically sensitive cases.

That is the conclusion drawn by Professor André Duvenhage, a political analyst and scholar at North-West University, in an interview on Radio Islam International. His comments spotlight perceived structural failings in whistle-blower protection, the criminal justice system, and political leadership.

The Madlanga Commission — officially the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System — was set up by President Cyril Ramaphosa following explosive allegations by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi in July 2025. These include claims of collusion between senior police, prosecuting authorities, intelligence structures, politicians and even the judiciary. The commission formally began its hearings mid-September after delays caused by procurement of essential IT and security infrastructure.

Retired Constitutional Court Justice Mbuyiseli Madlanga chairs the Commission. The terms of reference direct it to investigate the veracity of allegations that state machinery has been compromised by criminal syndicates and political interference. These include specific claims from Commissioner Mkhwanazi and others that the justice system is being undermined, including that investigations are stalled, evidence mishandled, or political actors are protected.

Witness protection and confidentiality—especially when it comes to high-profile or sensitive witnesses—are central to the credibility of any such commission. The recent incident with Witness X (whose testimony was delivered off camera, via an intermediary, then halted) puts those issues right at the fore.

Professor Duvenhage said that the Witness X incident is not merely procedural, but symptomatic of a deeper breakdown in trust between the state and those it depends on to expose wrongdoing.

Duvenhage likens South Africa to “a shadow state or … a mafia state,” especially where political elites and criminal networks are intertwined. This leads to systemic fear among whistle-blowers, who believe that revealing sensitive information is tantamount to placing their lives at risk.

Duvenhage cites a high number of political assassinations and attempts between 2000 and 2015—around a thousand—many of which involve internal party faction fights, but the majority tied to connections between political elites and criminal enterprises.

“You can just take a look at the number of political assassinations or attempted assassinations that already took place in South Africa. … But the majority of them has to do with financial connections: There where the connection take place between politicians and the criminal elite.”

He contends that those connections make political office dangerous for those who might cross powerful interests.

Duvenhage argues that the size of the police force and prosecuting authority is not matched by effectiveness. He states only a small percentage of cases before the National Prosecuting Authority succeed in prosecution, indicating systemic inefficiencies or corruption.

“Only 5% of the cases before the National Prosecution Authority were successfully prosecuted.”

He calls this evidence that the criminal justice system is falling apart, which feeds directly into witnesses’ fears.

Analysts say substantial responsibility lies with political leadership, particularly the President and his cabinet. Commentators suggest that despite anti-corruption pledges, much of the state capture and corruption has continued, in some instances with alleged connections to Ramaphosa or his extended family.

Duvenhage argues that commissions such as Madlanga, while necessary, are often used as strategies to delay or diffuse action rather than enforce meaningful change.

Research supports a high number of politically motivated killings over the past two decades. For example, reports by the Global Initiative against Transnational Organised Crime show 488 politically motivated assassinations between 2000 and 2023. Also, a study (Assassination Witness) recorded over 1 200 assassinations since 2000, many tied to organised crime, factional political violence or corruption.

It is confirmed by multiple sources, including state media, that procurement issues delayed the Commission’s start; its budget is around R147,9-148 million, terms include pursuing political interference and corruption in criminal justice institutions.

Reports do indicate a low conviction rate, especially for corruption or high level political cases, and pervasive challenges such as case backlogs, inefficiency, capacity limitations, and alleged interference.

Professor Duvenhage’s assessment is stark: without credible protection for witnesses, without a reliable and just criminal justice system that can effectively prosecute wrongdoing, South Africa risks entrenching a culture of impunity. The Madlanga Commission has enormous potential and faces enormous challenges. The way it handles Witness X and similarly vulnerable testifiers will likely become a litmus test for whether the state is serious about turning investigative commissions into meaningful change, rather than just symbolic gestures.

If the state does not act decisively and transparently, Duvenhage suggests, both the rule of law and public confidence risk further deterioration — with all the consequences that follow.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat.