Retired Constitutional Court judge Mbuyiseli Madlanga has urged stronger measures against corruption, warning that misappropriating public resources undermines constitutional rights. Speaking at the Oliver Tambo Memorial Lecture in Johannesburg, he called on courts and anti-corruption bodies to ramp up their efforts.
Madlanga pointed out the need to scrutinise not just the government but also private individuals and companies that enable and profit from corruption. He remarked, “It takes people outside of government and people within public office to have corrupt relationships.” He noted that honest businesses might face financial ruin or be pressured to engage in corrupt practices, emphasising the importance of making corruption unprofitable.
As chair of the commission investigating corruption in the criminal justice system, Madlanga linked these issues to ongoing violence against women, describing them as betrayals of Tambo’s legacy. He elucidated how financial mismanagement weakens the state’s ability to fulfil its obligations, leaving society’s most vulnerable groups at risk.
Madlanga asserted, “Public resources are not there for one to amass personal wealth,” and highlighted the role of office-holders as guardians of public institutions and resources belonging to all South Africans. He cautioned that treating public office as personal property could undermine democracy.
Reflecting on Tambo’s legacy, Madlanga praised his commitment to the ANC’s mission and his integrity in maintaining focus on public welfare over personal gain during exile. He stressed the importance of protecting women’s rights, denouncing gender-based violence and femicide as violations of constitutional freedoms.
While acknowledging progress since 1994, Madlanga stated that the country still faced unfulfilled constitutional obligations. He raised concerns about the treatment of women in the justice system, suggesting that court processes often exacerbate their trauma and emphasizing that judicial officers must be sensitive to their rights.
Madlanga also appealed to ordinary citizens, urging them to intervene when witnessing domestic abuse, stating they have a responsibility to act. His call for public engagement extended to defending democracy through channels such as elections and lawful protests.
He recognised the discouragement many feel due to corruption and institutional failures but warned that withdrawing from democratic processes would empower those misusing public power. “We cannot give up on our constitutional inheritance, for that will be surrendering to those who use state resources and institutions as their own,” he concluded.
