JUSTICE Madlanga's all-advocate team faces fierce backlash from attorney organisations who call it exclusionary and unrepresentative.
The Commission of Inquiry into political interference, criminality, and corruption hasn't started its work yet, but already it's facing fierce backlash from leading legal bodies.
The storm erupted after retired Acting Deputy Chief Justice Mbuyiseli Madlanga announced the panel selected to lead the proceedings.
He chose an all-advocate team - a move widely condemned by attorney organisations for being exclusionary and unrepresentative of the legal profession's diversity.
In strongly worded letters, the South African Women Lawyers Association (SAWLA), the National Association of Democratic Lawyers (NADEL), and the Black Lawyers Association (BLA) expressed outrage at what they describe as a skewed selection process that fails the constitutional principles of equality, inclusivity, and transformation.
The organisations argue that the commission's composition ignores private practising attorneys, particularly women, rural-based lawyers, and junior practitioners and concentrates power in the hands of a few elite advocates within the Joburg Bar.
"It's disheartening that in 2025 we still have to fight for the inclusion of women, youth, and rural practitioners in a space that should reflect the full legal community," said Advocate Zodwa Maluleke, Secretary-General of SAWLA.
"This commission doesn't meet the test of a democratic era, nor does it serve the interests of justice, skill transfer, or the broader public good," she said.
NADEL echoed the sentiments, lamenting the systematic exclusion of legal practitioners operating outside Gauteng and in small firms.
"Our members from the rural areas have shaped this country's jurisprudence. It's unacceptable that they are excluded from this commission. Transformation can't just be lip service.
"The organisation further criticised a lack of consultation with legal bodies prior to the appointments," said NADEL secretary-general Zincile Monde Tiya.
The BLA was equally scathing, calling the selection shocking, embarrassing, and discriminatory.
BLA secretary-general Takalani Chris Mamathuntsha said: "The Legal Practice Act of 2014 recognises both attorneys and advocates as legal practitioners on equal footing."
"This appointment sends a disturbing message that attorneys are somehow inferior, a notion we vehemently reject," he said.
All three organisations called for the immediate reconsideration of the commission's composition, arguing that the current setup reinforces longstanding inequalities in briefing patterns and undermines efforts to unite the profession.
They also stressed the need for inclusion of both junior and senior attorneys and advocates from across the country, not just the usual names from elite legal circles.
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At the heart of the outcry is a call for transformation, transparency, and fairness.
The legal bodies warn that if the commission proceeds with its current structure, it risks eroding public trust, missing an opportunity to empower underrepresented groups, and failing the very principles of justice it's meant to uphold.
Spokesman for the Commission Jeremy Michaels has confirmed to Daily Sun that the commission has received correspondence from the BLA and NADEL.
He said it's important to note that the full legal team hasn't been finalised yet and that there are procurement processes underway with the Office of the Solicitor-General which are part of fully establishing and meeting the requirements of the Commission.
"As explained at our first media briefing on Monday 28 July and given the tight timeframes contained in the Terms of Reference, the Commission is moving with urgency to put in place the necessary resources whilst simultaneously conducting its work."
"The Commission is currently dealing with numerous pressing matters related to the work of the inquiry and will in due course reply to BLA and NADEL," he said.
Michaels also requested all stakeholders to give the Commission space to properly procure the necessary resources.
