Khumalo Madondo Lekalakala back on duty

Lieutenant General Samuel Dumisani Khumalo Major General Nosipho Precious Madondo and Major General Maperemisa Josias Lekalakala scored a significant legal victory in Friday when the Pretoria High Court overturned a key bail condition that had barred them from entering any Crime Intelligence premises while awaiting trial.

The ruling comes at a moment of intense scrutiny over the state of policing as suspended police minister Senzo Mchunu is appearing before the Madlanga Commission of Inquiry, which is investigating allegations of capture, corruption and improper influence within law enforcement and political structures.

The three senior South African Police Service Crime Intelligence officers had been prohibited from accessing their workplaces after Acting Chief Magistrate Vusumuzi Mahlangu imposed the restriction during their bail proceedings in the Pretoria Magistrates Court. They are facing charges under the Prevention and Combatting of Corrupt Activities Act as well as a fraud charge read with the Criminal Law Amendment Act. The criminal matter remains ongoing.

In a judgment issued electronically on 4 December 2025 Judge Raborife ruled that the magistrate erred in imposing the workplace access ban as a bail condition. The court held that the restriction had no basis in the submissions made during the bail hearing and that it functionally amounted to a suspension from duty despite no official SAPS process having been initiated to remove the officers from their posts.

The judgment found that although investigative authorities had raised concerns about witness protection they had not specifically requested a nationwide prohibition preventing the accused from entering Crime Intelligence buildings. J

udge Raborife emphasised that bail conditions must be supported by evidence placed before the court and must fall within the legal purpose of bail which is to secure attendance at trial protect the integrity of investigations or prevent interference with witnesses. The court found that the condition in question overreached these limits.

The Pretoria High Court first granted condonation for the late filing of the bail appeal before proceeding to hear the merits of the application. The state opposed only the portion dealing with the contested condition. After examining the recorded bail proceedings Judge Raborife concluded that the magistrate’s order was not supported by the evidence and was therefore unlawful. The appeal was upheld and the restriction was set aside.

The applicants were represented by Advocate J Jorgensen instructed by Hlongwane Attorneys. Advocate P Serunye from the Office of the State Attorney appeared for the respondent. Arguments were heard on 3 December and the judgment was delivered the following day through circulation to legal representatives and uploading to the CaseLines system.

The decision allows Khumalo Madondo and Lekalakala to resume duties at all Crime Intelligence premises pending the continuation of their criminal trial. Their charges form part of a broader case involving four additional co accused with proceedings still pending before the Pretoria Magistrates Court.

The ruling coincides with high level testimony before the Madlanga Commission of Inquiry where suspended police minister Senzo Mchunu is currently giving evidence. The commission was established by President Cyril Ramaphosa following explosive allegations made on 6 July by KwaZulu Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.

In his testimony Mkhwanazi claimed that politicians including Mchunu and senior police officials such as suspended General Shadrack Sibiya were working with alleged crime kingpins Vusimuzi Cat Matlala and Katiso KT Molefe. The allegations sent shockwaves through the security cluster and prompted the establishment of the commission to investigate alleged capture and corruption within the policing environment.

Mchunu’s appearance before the commission has placed renewed national focus on the internal fractures within SAPS and the extent to which criminal networks may have influenced policing decisions. The commission is also examining whether senior officers acted improperly or colluded with individuals implicated in organised crime.

Molefe and Matlala have previously been linked to a range of serious allegations including interference in police operations. Molefe is currently out on bail in another unrelated matter.

The developments at the commission have intersected with ongoing court battles in the policing sector including the case involving Khumalo Madondo and Lekalakala. Although the High Court judgment is unrelated to the allegations before the Madlanga Commission the timing underscores the widespread institutional turbulence affecting the intelligence and policing environment.

Judge Raborife’s decision clarifies the limits of judicial authority in bail proceedings and reiterates that courts cannot impose restrictions that effectively amount to employment penalties without appropriate justification. The judgment reinforces that internal disciplinary or suspension processes must be undertaken through formal procedures within SAPS rather than introduced indirectly through bail conditions.

The criminal case against the three senior Crime Intelligence officials will continue in the Pretoria Magistrates Court where the charges relating to corruption contraventions and fraud are still to be adjudicated.

Meanwhile proceedings at the Madlanga Commission are expected to continue drawing testimony from multiple high profile witnesses as it investigates the extent of alleged interference by politicians police officers and individuals identified as crime kingpins.

With the High Court ruling now in effect Khumalo Madondo and Lekalakala will return to their workplaces as their trial unfolds against a backdrop of widening scrutiny over the state of policing and intelligence oversight in South Africa.

At the time of publication, IDAC had not commented.