The Economic Freedom Fighters (EFF) has called on retired Constitutional Court Justice Mbuyiseli Madlanga to distance himself from the South African Police Service (SAPS) Commission of Inquiry, citing concerns about impartiality and the credibility of the process.
In a strongly worded statement issued on Tuesday, the EFF expressed “deep reservations” about the appointment of Justice Madlanga to lead the inquiry, which is tasked with investigating alleged misconduct, corruption, and operational failures within SAPS.
According to the EFF, the retired judge’s involvement could compromise the independence of the commission due to what the party claims are “historical associations” with individuals implicated in the very issues under investigation.
“The EFF calls upon Justice Madlanga to withdraw from this compromised and politically motivated commission. His continued participation risks legitimising a process that we believe is designed to shield certain individuals while scapegoating others,” the statement read.
The party argues that the commission’s terms of reference are too narrow and fail to address systemic corruption and alleged political interference in the police service. EFF spokesperson Leigh-Ann Mathys said the inquiry, in its current form, appears to be a “cosmetic exercise” aimed at creating an illusion of accountability.
“This commission is nothing more than a smokescreen to divert public attention from the real crisis in SAPS leadership. The public deserves a truly independent and transparent process,” Mathys said.
The SAPS Commission was announced earlier this year following public outrage over escalating crime rates, internal corruption scandals, and accusations of mismanagement at the highest levels of the police hierarchy. The inquiry is expected to hold public hearings and make recommendations on structural reforms.
Justice Madlanga, who retired from the Constitutional Court in August 2024, is widely respected in the legal fraternity for his integrity and jurisprudential contributions. However, the EFF insists that his reputation should not be used to “sanitise a predetermined process.”
The party has called for an alternative mechanism to investigate SAPS, suggesting a multi-stakeholder panel that includes civil society, Parliament, and independent experts rather than a commission appointed by the executive.
Neither Justice Madlanga nor the Office of the Presidency has responded to the EFF’s call. The commission is still scheduled to commence its preliminary proceedings next month, despite growing political contestation around its mandate and leadership.