Madlanga commission needs a special tribunal with real teeth

Share current article via Email Share current article via Facebook Share current article via Twitter Share current article via LinkedIn For the past few months the Madlanga commission of inquiry has captured the public's attention, exposing allegations of serious wrongdoing that have shaken confidence in the institutions entrusted with enforcing the rule of law. However, South Africans have seen damning testimonies and revelations at commissions of inquiry before, only for years to pass while those implicated continue with their lives and criminal cases crawl through the courts. A notable example is the Zondo commission, which uncovered corruption on a scale few could have previously imagined. In the years since, only three major criminal convictions have flowed directly from the evidence it uncovered. This must not become the fate of the Madlanga commission. Exposure is necessary to bring wrongdoing into the open and prevent it from continuing unchecked. But exposure alone is not justice. The commission has uncovered evidence of criminality and political interference in the criminal justice system. Another report followed by years of procedural delay will only deepen the public's distrust of these institutions, weakening co-operation with law enforcement and sending criminals the message that the system is too slow or weak to stop them. We've seen disciplinary action taken, charges laid and arrests made. Now it is time for the next step: prosecution. Accused people remain entitled to the presumption of innocence until their guilt or innocence is determined in court, but South Africans want to see criminals in orange overalls. Citizens are tired of watching serious cases being postponed and recycled through the system. They want visible proof that the law has real teeth. In response the government should begin preparing for a dedicated special tribunal, established through the necessary legislation and given jurisdiction to hear criminal matters arising from the commission's work. This must be a properly constituted judicial mechanism supported by dedicated investigators and prosecutors that allows credible cases to proceed without becoming trapped in overloaded court rolls. The Madlanga commission has an advantage over the Zondo commission because when urgent evidence emerges, it is referred for immediate investigation, allowing potential criminal matters to be pursued without waiting for the commission to conclude. However, investigations alone are not enough. There is little value in accelerating the first part of the process if cases must wait years to be heard. A dedicated tribunal would ringfence capacity for these matters. It would allow prosecutors, investigators and judicial officers to develop the specialised knowledge needed to deal with complex criminal networks and allegations of institutional interference. Most importantly, it would demonstrate that public office does not provide immunity from accountability. Ultimately, the true measure of the Madlanga commission will be what follows once it has concluded its work — whether allegations were properly investigated, viable cases were prosecuted and, where guilt was proven, those responsible were sentenced and forced to take accountability for their actions. Arrests without prosecution and sentencing are meaningless. Justice is measured not by the number of people taken into custody but by the ability of the justice system to secure convictions where the evidence warrants them. Where wrongdoing is established beyond reasonable doubt, those responsible should not be protected by the inevitable delays of a court system under strain. The revelations of the commission must lead to results. Dr Cebekhulu-Makhaza chairs the Safer South Africa Foundation. Business Day