S v Steyn (2000)
Authored the judgment striking down Criminal Procedure Act provisions that had removed automatic rights of appeal as unconstitutional.
Chairperson · Madlanga Commission
Justice Mbuyiseli Madlanga
Chairperson of the Commission · Pretoria
Chairperson
Mbuyiseli Russel Madlanga, born on 27 March 1962 in Njijini village near Mount Frere (KwaBhaca) in the Eastern Cape, is a retired Justice of the Constitutional Court and the Chairperson of the Madlanga Commission of Inquiry. He matriculated at Mariazell High School in Matatiele before reading law at the University of Transkei, where he won the Juta Law Prize as the best law student.
He took an LLB at Rhodes University in 1986 and an LLM at the University of Notre Dame in the United States in 1990, lecturing in customary law, delict and advanced contract at the University of Transkei and spending time at Amnesty International's Washington office before beginning practice as an advocate in Mthatha in 1991.
Appointed permanently to the High Court in 1996, he is widely reported to have been the youngest judge in South Africa at the time, aged 34. He acted on the Supreme Court of Appeal and, in 2000-2001, on the Constitutional Court, before returning to the Bar. After a period as Deputy Chairperson of the Competition Tribunal and evidence-leading work at the Marikana (Farlam) Commission, he was appointed to the Constitutional Court in August 2013, serving until his retirement on 31 July 2025 - latterly as Acting Deputy Chief Justice. In 2025 he was asked to chair this inquiry.
This profile summarises publicly reported biographical and role information about a member of the Madlanga Commission. It is not a finding of the Commission, nor an allegation against any person. Soft or contested claims are attributed; unverified details are omitted.
Background
Education & admission
- Matriculated, Mariazell High School, Matatiele
- B Juris, University of Transkei (now Walter Sisulu University) - Juta Law Prize
- LLB, Rhodes University (1986)
- LLM, University of Notre Dame, USA (1990)
On the record
Notable matters & judgments
Gaertner v Minister of Finance (2013)
His first judgment for the Constitutional Court - on privacy and the limits of warrantless search and seizure under the Customs and Excise Act.
DE v RH (2015)
Wrote the judgment abolishing the delictual action for adultery - ending damages claims against a third party for breaking up a marriage.
Evidence leader, Marikana Commission
Before his Constitutional Court appointment, served as an evidence leader at the Farlam (Marikana) Commission of Inquiry and at the inquiry into the fitness of Bheki Cele to hold office as National Police Commissioner.
Career
The path to the panel
Born near Mount Frere
Born in Njijini village, near Mount Frere (KwaBhaca), Eastern Cape.
Appointed to the bench at 34
Appointed a Judge of the High Court (Transkei Division, Mthatha) - reported as the youngest judge in South Africa at the time.
Constitutional Court
Appointed a Justice of the Constitutional Court of South Africa, serving a full term until 2025.
Acting Deputy Chief Justice
Served as Acting Deputy Chief Justice of South Africa until his retirement from the bench on 31 July 2025.
Chairs the Commission
Appointed to chair the Judicial Commission of Inquiry into criminality, political interference and corruption in the criminal justice system.