The High Court in Pretoria has struck the uMkhonto weSizwe (MK) Party’s urgent application to interdict the newly formed Madlanga Commission from its roll, dismissing the case on the grounds that it lacked urgency.
The MK Party had filed an urgent application challenging the very legitimacy of the commission of inquiry. However, the court declined to hear the merits of the case, finding that the application was fundamentally flawed due to its timing.
In its ruling, the court stated, “In the first applicant’s papers, nothing is said that could conceivably reflect negatively on the suitability of Justice Madlanga… We therefore conclude that the matter is not urgent.” The court order directed that the matter be “struck from the roll due to lack of urgency” and that costs would be paid by the applicants.
A legal analyst present explained the court’s reasoning, noting that the judges did not entertain the application for an interdict because “the court found that the horse is bolted.” This means that because the commission had already commenced its work yesterday—a day before the application was heard—the court could not grant an order to stop a process that was already underway.
“There simply is no urgency as the court found because the commission has already commenced,” the analyst said. “Therefore no relief which the court might grant could even assist the party bringing the application.”
The Madlanga Commission was established by President Cyril Ramaphosa following what were described as “explosive claims” by KwaZulu-Natal Police Commissioner, Lieutenant General Nhlanhla Mkhwanazi. The Police Commissioner alleged that senior police officials were improperly interfering in operational matters and maintaining ties to criminal syndicates.
The court’s decision means the commission will continue its work unimpeded. The analyst emphasized that the court made no ruling on the merits of the MK Party’s challenge to the commission’s legitimacy, focusing solely on the procedural issue of urgency.
It was further noted that President Ramaphosa was considered to be “fully within his rights” to establish the inquiry. Any findings made by the commission, while not legally binding, could potentially lead to further investigation by the South African Police Service or the National Prosecuting Authority, and may result in internal disciplinary steps.
The MK Party’s challenge has been dismissed without a ruling on its core arguments, allowing the high-stakes investigation into alleged corruption within the senior ranks of the police service to proceed.
