Author(s)

Mark Shaw

The Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System (the Madlanga Commission) was set up in response to severe allegations of political interference and corruption within the South African Police Service (SAPS). Over the past year, the commission has heard evidence of serious corruption and the extensive infiltration of South Africa’s criminal justice system by organized crime networks.

The infiltration of criminal justice systems is a well-established phenomenon, as evidence from other parts of the world confirms. In an effort to identify and consolidate the lessons emerging from comparative experience, the GI-TOC convened a two-day dialogue, from 13-14 July 2026, with international practitioners and experts. The aim was to examine the nature and extent of the challenge in different jurisdictions, the reforms adopted in response, and the factors that shaped their success or failure.

Participants came from Italy, Hong Kong Special Administrative Region (SAR), Colombia, Guatemala, Mexico, Brazil, Argentina and Albania – all jurisdictions where organized criminal networks have infiltrated criminal justice institutions. Georgia, although not represented at the dialogue, was included in the subsequent research. The discussions examined the forms that criminal justice system infiltration has taken in different jurisdictions, the risks and threats it has created, and the measures adopted in response. The findings informed a detailed comparative report on criminal justice system infiltration and its implications for South Africa.

The report formed the basis of the expert evidence statement presented by the GI-TOC’s Executive Director Mark Shaw to the Madlanga Commission on 2 September 2026. The statement also drew on findings from the GI-TOC’s latest Global Organized Crime Index and Shaw’s expert analysis to place South Africa’s organized crime landscape in context.

Shaw’s statement proposes a detailed programme of reform for South Africa’s criminal justice system. Among the immediate interventions proposed is an organized crime council to mobilize political will, broaden public participation, advise on strategic policy and monitor the state’s overall response to organized crime, including by tracking the government’s implementation of the commission’s recommendations.

Over the longer term, it recommends the establishment of an independent anti-organized crime agency under Chapter 9 of the South African Constitution, equipped with powers to investigate and institute criminal proceedings relating to organized crime and the infiltration of state institutions.

The six documents available for download on this page together constitute the GI-TOC’s submission to the Madlanga Commission. They include Shaw’s full expert statement and its five annexures: the comparative report on responding to organized crime infiltration of criminal justice systems; the Global Organized Crime Index methodology; South Africa’s Index profile; the 2025 Global Organized Crime Index; and an issue of the Western Cape Gang Monitor examining the infiltration of the SAPS by organized crime networks in Cape Town.