Retired Judge Mbuyiseli Madlanga has told former Hawks boss Godfrey Lebeya that the commission cannot intervene after his application for state-funded legal representation was rejected. Lebeya appeared before the Madlanga Commission in Pretoria on Thursday, 27 August 2026, to respond to allegations linked to his time as head of the Directorate for Priority Crime Investigation (DPCI). Among the claims is that he deployed Hawks officers to interfere with the arrest of murder accused businessman Katiso “KT” Molefe.
Molefe was arrested on 6 December 2024 in connection with the murder of engineer Armand Swart. Previous evidence before the commission alleged that Hawks members arrived unexpectedly during an operation by the Political Killings Task Team (PKTT) to arrest Molefe at his Sandhurst home.
Before Lebeya began testifying, his lawyer Eric Nwedo told the commission that his client was appearing at his own expense. He said Lebeya had applied for legal representation through the South African Police Service (SAPS), but the request was declined.
Madlanga Commission Hears Dispute Over Lebeya Legal Funding
The Madlanga Commission heard that Lebeya submitted a formal application for state-funded legal representation on 12 November 2025. Nwedo said SAPS formally notified his client on 6 January 2026 that the application had been rejected. He argued that the decision-maker, Deputy National Police Commissioner Tebello Mosikili, had a potential conflict of interest.
“On 12th November 2025, Dr Lebeya made a formal application within the Saps for legal representation.
“However, that was denied or declined, and this happened through a formal notification dated 6 January 2026,” he said.
Nwedo said Mosikili had previously worked under Lebeya when he headed the DPCI. He also told the commission that she had been tasked with investigating issues connected to one of the matters on which Lebeya is expected to testify.
“What is evident with the communication that has come through chairperson and commissioners is basically that the decision maker in that particular application happens to be one General Mosikili, who used to work under him when he was still the head of the DPCI or the Hawks as we know it and is one person that he had tasked to investigate the issues relating to one of the streams that my learned colleague is going to traverse, the Port Shepstone [drug theft] matter,” Nwedo told the commission.
Godfrey Lebeya Lawyer Challenges SAPS Funding Decision
The Godfrey Lebeya legal funding dispute continued when Nwedo argued that Mosikili should have recused herself from deciding the former Hawks chief’s application. He questioned SAPS’s reasoning for declining the request, particularly an explanation that Lebeya’s version differed from those of other SAPS witnesses.
“That didn’t happen as we know it now, and it’s on the record, and we submit that the reasons that have been provided by the Saps for declining that particular application are really frivolous, to say the least.
“One of the issues they raise in the letter is that they, amongst others, are not actually inclined to provide legal representation because his version differs with the version of other Saps witnesses.
“That is problematic, chairperson. If one actually reads that are they implying that there should have been alignment of versions from Dr Lebeya with the other Saps witnesses that are appearing before this commission? That is problematic.”
Nwedo said Lebeya had continued cooperating with the commission since October last year despite the repeated postponements. He said his client wanted to assist the inquiry while also clearing his name against the allegations made against him.
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“Up until today, with all the postponements that has occasioned, which we don’t blame it on the commission, he has remained patient to come here and assist this commission in reaching its objectives, but above all else as well, to clear his name in the manner in which aspersions has been cast on him.”
Nwedo also told the commission that Lebeya had previously received legal funding while testifying before the Khampepe Commission of Inquiry. That inquiry investigated alleged efforts to prevent the investigation and prosecution of apartheid-era crimes.
According to Nwedo, Lebeya’s funding application in that matter was initially rejected before eventually being approved.
Madlanga Commission Told Of Molefe Arrest Allegations
The Madlanga Commission Molefe arrest allegations were also addressed when Lebeya took the stand. He denied knowing Molefe and rejected claims that he ordered Hawks members to disrupt what had been described as a legitimate police operation. Previous witnesses said members of the Hawks’ Tactical Operations Management Section (TOMS) arrived at Molefe’s residence after the PKTT moved in to arrest him.
The TOMS members reportedly said they had received information about fake police officers operating in the area. Witnesses also told the commission that a Gauteng Traffic Police helicopter was seen hovering above Molefe’s Sandhurst property during the operation.
Molefe has allegedly been linked to the so-called Big Five cartel and was alleged to have law enforcement “fixers” on his payroll. Lebeya acknowledged that he instructed senior officers to establish what was happening after receiving a call from Johannesburg businessman Malcolm X.
However, Lebeya said the presence of different law enforcement agencies at the property indicated what he described as a serious failure in planning and coordination. He said responsibility for the breakdown rested with the person leading the operation.
“This situation reflects poorly on the effectiveness of the preparatory processes, as it suggests a lack of unified command and insufficient communication among the involved parties.
“Responsibility for such a lapse belongs to the overall leader of the operation.
“It is the duty of the operational leader to ensure that all the affected state agencies are adequately briefed and that their roles are clearly defined to avoid overlap, confusion or unintended consequences.
“The inability to synchronise the actions of the various law enforcement units undermined the integrity of the operation and exposed serious shortcomings in leadership and operational oversight,” he testified.
Lebeya said the situation could have been prevented had Crime Intelligence divisional commissioner Dumisani Khumalo, who oversees the PKTT, informed him about the planned arrest operation.
“Had he checked with me, the situation would not have occurred. It is unfortunate that he cited the issue of trust.”
Madlanga acknowledged the difficulties surrounding Lebeya’s legal representation but said the commission had no authority to order SAPS to reconsider its decision. He suggested that Lebeya challenge or seek a review of the police’s decision.
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“I do not think we can come to the doctor’s assistance,” Madlanga said.
Lebeya, who retired in May 2025, is continuing his testimony before the commission.
