Dear Editor,

During the last few weeks, the evidence leaders at the Madlanga Commission have outdone themselves. The evidence that they have procured from Dr Mark Shaw, a world expert on corruption and organised crime, Laura Pop, the World Bank guru on money laundering and integrity checking, and Prof Somadoda Fikene, head of the Public Service Commission, has given the panel of commissioners much food for thought regarding the types of reform that will be able to considerably better address the malaise in the criminal justice administration of SA. [You have published several reports on these developments]

Prof Fikene, armed with new legislation, and his own steely resolve to apply it thoroughly, finds the PSC now far better placed to stop the rot, starting with lifestyle audits of a binding nature. In the past the PSC could only make recommendations for, and following the execution of, lifestyle audits; now any audited civil servant or SOE employee who is dissatisfied with the outcome of an audit must take the findings on judicial review or justify apparently ill-gotten gains; in the past the PSC’s recommendations made were simply ignored or swiftly swept under the carpet.

The president has wisely extended the life of the Madlanga Commission to 25 January 2027 after making the initial appointment for only three months.

While the levels of serious corruption and organised criminal activity in SA are matters of fact, the relevant law is clear: a single body, outside the control of the executive, that is adequately independent is required to deal with both scourges effectively and efficiently. SA does not have any such body. However, the requirements of the law will be met if the bills pending in parliament that envisage a new Chapter Nine Anti-Corruption Commission are made law. If the new body, a standing commission, not (yet another) commission of inquiry, is clothed with guaranteed resources, has trained specialist personnel who enjoy secure tenure of office, then the twin threats to SA’s peace and prosperity will, as the Constitutional Court has envisaged, be able to contain and eventually eradicate both, thereby eradicating twin existential threats to constitutional democracy under the rule of law in SA.

Yours in accountability,

Paul Hoffman SC