Mbuyiseli Madlanga

Mbuyiseli Russel Madlanga (born 27 March 1962) is a retired South African judge who served as a justice of the Constitutional Court of South Africa from 2013 to 2025. At the time of his retirement, he had served as Acting Deputy Chief Justice of South Africa, following the elevation of Mandisa Maya to Chief Justice. Since leaving the bench, he has chaired the Madlanga Commission.

He joined the Constitutional Court bench on 1 August 2013 on the appointment of President Jacob Zuma. Formerly an advocate in the Eastern Cape, he first served as a judge in the Transkei Division between 1996 and 2001.

Early life Madlanga was born in 1962 in Njijini village, Mount Frere, to a family of the amaHlubi. He attended Mariazell High School in Matatiele. For the next six months he worked in the Washington, D.C. office of Amnesty International, where he briefly met Nelson Mandela after his release from prison. Carmichele v Minister of Safety and Security; Minister of Public Works v Kyalami Ridge Environmental Association; and S v Mamabolo. Madlanga authored S v Steyn, which declared unconstitutional provisions of the Criminal Procedure Act, 1977 that removed an accused person's automatic right of appeal against a magistrate's court conviction.

In 2001, Madlanga resigned from the bench, saying the salary was insufficient to support his family, and returned to private practice. He appeared for South Africa at the International Court of Justice in the case regarding the Israeli West Bank barrier.

Justice of the Constitutional Court On 1 August 2013, Madlanga was appointed permanently to the Constitutional Court, replacing Zak Yacoob. The Judicial Service Commission questioned him on his 1998 judgment in Bangindawo v Head of the Nyanda Regional Authority, in which he had held controversially that there was "no reason whatsoever for the imposition of the western conception of the notions of judicial impartiality and independence in the African customary law setting". Madlanga admitted at the interview that this judgment was wrong. In March 2014, he wrote a 94-paragraph judgment dismissing Uruguayan businessman Gaston Savoi's challenge to his prosecution on charges of corruptly procuring a contract from the KwaZulu-Natal government. A year later, Madlanga delivered the controversial main judgment in Paulsen v Slip Knot, which removes an exception to the in duplum rule. This judgment was described as "consumer friendly", but marked a "sea change" for South African banking practice, and was strongly criticised extra-curially by Malcolm Wallis. Madlanga's next judgment for the Court was DE v RH, which abrogated the action for adultery. Madlanga was one of the authors of the majority judgment in the 2015 My Vote Counts v Speaker, which was widely condemned.

Following the appointment of Mandisa Maya as Chief Justice of South Africa, Madlanga acted as Deputy Chief Justice. He held this acting role from September 2024 until his retirement in July 2025.

Nomination to position of Chief Justice On 4 October 2021, President Cyril Ramaphosa announced that Madlanga was one of eight nominees under consideration to succeed Mogoeng Mogoeng as Chief Justice of South Africa. The position was ultimately filled by Raymond Zondo.

Madlanga Commission In September 2025, Madlanga chaired the Madlanga Commission, or formally the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System. This is a public inquiry established by President Cyril Ramaphosa to investigate allegations made by KwaZulu-Natal Provincial Police Commissioner Lieutenant General Nhlanhla Mkhwanazi of collusion and corruption between politicians, senior police, prosecutors, intelligence operatives and elements of the judiciary, in South Africa.

Personal life Madlanga's wife is Nosisi Monica Madlanga (born Nkenkana). He has seven children.