BLA slams attorneys’ exclusion in high-profile justice probe
Mbuyiseli Madlanga
The Black Lawyers Association (BLA) has strongly criticised the decision to exclude attorneys from the list of evidence leaders appointed to assist the Madlanga Commission of Inquiry, calling the move “shocking, embarrassing, and discriminatory”. The organisation argues that this decision not only undermines the attorneys’ profession but also perpetuates a long-standing imbalance within South Africa’s legal landscape.
President Cyril Ramaphosa established the Madlanga Commission in July 2025 following explosive allegations made by KwaZulu-Natal police commissioner, Lt-Gen Nhlanhla Mkhwanazi. The commissioner accused Police Minister Senzo Mchunu of interfering with police investigations and overstepping his mandate by ordering the disbandment of the specialised political killings task team. The inquiry, chaired by retired acting deputy chief justice Mbuyiseli Madlanga, is tasked with probing alleged criminality, political interference, and corruption within South Africa’s criminal justice system. The commission is considered one of the most critical steps in addressing long-standing concerns about the independence and integrity of law enforcement agencies in the country.
In a letter dated 29 July, BLA secretary-general Takalani Chris Mamathuntsha expressed deep disappointment over the announcement of an all-advocate team appointed to lead evidence before the commission. According to Mamathuntsha, the decision raises serious questions about the representation and recognition of attorneys in high-profile legal proceedings. “We note with concern that the entire team comprises advocates, with no inclusion of attorneys. This exclusion is not just a professional oversight; it is discriminatory and diminishes the critical role attorneys play in shaping South Africa’s jurisprudence,” he wrote.
The BLA also criticised the lack of consultation in selecting the commission’s team. Mamathuntsha stated that neither the BLA nor other organisations representing attorneys, such as the National Association of Democratic Lawyers, were approached for input or guidance on potential candidates. This, the BLA argues, not only disregards the profession but highlights a deeper, systemic issue that continues to limit opportunities for attorneys despite their proven capabilities and contributions.
The association’s statement goes beyond this single incident, highlighting what it describes as a troubling pattern of sidelining attorneys from high-profile legal work, particularly commissions of inquiry. Attorneys have historically played a vital role in post-apartheid South Africa, contributing significantly to constitutional development, human rights litigation, and judicial transformation. Many attorneys have successfully transitioned to the bench and now serve as respected judges in superior courts across the country. Despite this, lucrative briefs, including appointments to commissions of inquiry, often circulate among a small pool of advocates. This, according to the BLA, creates an unequal playing field that stifles opportunities for empowerment and advancement within the broader legal profession.
The BLA has warned that the exclusion of attorneys sends a harmful message to the public—that attorneys are somehow less capable of handling complex, high-stakes legal matters compared to their advocate counterparts. This perception, if left unchallenged, risks entrenching outdated hierarchies within the profession. “We call on Justice Madlanga to urgently reconsider his decision,” Mamathuntsha urged. “The message currently being sent is one of exclusion and inferiority, and this cannot go unchallenged in a democratic South Africa where all legal practitioners deserve fair and equal consideration.”
As of now, the commission has not issued a formal response to the BLA’s concerns. The association says its members expect urgent engagement on the matter, emphasising that this is not just about professional recognition but about fairness, transformation, and equitable access to opportunities within South Africa’s legal sector. The controversy has opened up wider discussions about how appointments to commissions of inquiry are made, whether they truly reflect the diversity of South Africa’s legal talent, and whether systemic barriers continue to limit progress towards a more inclusive profession.
