Criminal Justice System Inquiry: Terms of Reference Gazetted

Posted 23 July 2025 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: A presidential proclamation has been gazetted formally establishing a judicial inquiry into criminality, political interference, and corruption within the South African criminal justice system.

In terms of the Commissions Act, No. 8 of 1947, the Department of Justice & Constitutional Development gazetted a notice on 19 August 2025 making the provisions of the Act applicable to the inquiry. Published in Government Gazette No. 53183 (Regulation Gazette No. 11872, Proclamation 277), the notice includes specific regulations governing the commission’s operations. This follows the National Assembly’s approval of a report on 23 July 2025 recommending the establishment of an ad hoc committee to consider security-related allegations.

The commission is mandated to inquire into, report on, and make findings and recommendations concerning whether criminal syndicates, including drug cartels, have infiltrated or exert undue influence over key criminal justice institutions. The inquiry was prompted by specific allegations made public on 6 July 2025 regarding institutional integrity.

On 22 August 2025, the department further gazetted rules governing the inquiry proceedings, confirming that hearings will take place in Pretoria. The commission is subject to the following reporting timelines:

  • Submission of an interim report within three months of establishment; and
  • Submission of a final report within six months of establishment.

Additionally, on 22 August 2025, Parliament’s ad hoc committee published draft terms of reference for its parallel consideration of these matters, which await formal adoption.

Click here to download the Proclamation and Regulations and the Rules of Procedure.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, legal professionals should monitor the inquiry for potential impacts on the procedural integrity of the National Prosecuting Authority and SAPS.
  • For your business: Law firms and compliance practices should prepare for potential shifts in institutional conduct and oversight within the criminal justice system that may emerge from the commission’s recommendations.
  • For your clients: Clients with ongoing matters involving high-level criminal investigations or those affected by institutional corruption may see changes in how their cases are handled as the inquiry progresses.

Originally published at https://legalacademy.co.za/news/read/criminal-justice-system-inquiry-terms-of-reference-gazetted

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