Zuma and MK Party lose court bid to stop Madlanga Commission
The Gauteng High Court has dismissed Jacob Zuma and the MK Party’s urgent application to halt the Madlanga Commission, ruling that the matter lacked urgency and allowing the inquiry into alleged judicial corruption to proceed.
Image: Tumi Pakkies / Independent Newspapers
Former president Jacob Zuma and his party, uMkhonto weSizwe (MKP), have lost their urgent court bid to stop the work of the new Madlanga Commission.
On Thursday, the Gauteng High Court in Pretoria struck the case off the roll, saying it wasn’t urgent.
Zuma and the MK Party had argued that the commission, which is investigating alleged criminal activity in the judiciary, is unconstitutional.
They claimed it oversteps the powers of existing judicial bodies like the Judicial Service Commission (JSC) and the Magistrates Commission.
Their main objection was that the commission is being led by Constitutional Court Justice Mbuyiseli Madlanga.
Zuma and the MKP said this is a conflict of interest because “the judiciary cannot be both the accused and the investigator”.
They said only the JSC and Magistrates Commission have the authority to investigate judges, and that the commission’s structure risks undermining judicial independence.
They also challenged President Cyril Ramaphosa’s decision to put Police Minister Senzo Mchunu on special leave and replace him with Professor Firoz Cachalia in an acting role, calling it unconstitutional and irrational.
The commission was announced in July after explosive claims from KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi, who alleged that organised crime had infiltrated the police, intelligence services and even the judiciary.
Zuma and the MKP said the commission is a waste of public money - it has a budget of nearly R148 million over six months - and questioned whether it would actually lead to accountability.
However, Ramaphosa defended the commission, saying it doesn’t replace existing oversight bodies, but will work alongside them.
If any judge is found to be involved in wrongdoing, the case will be handed to the JSC, he said.
Despite protests by the MKP on Wednesday outside the commission, the court found the case lacked urgency and removed it from the roll.
simon.majadibodu@iol.co.za
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