Minister Kubayi suspends top justice department officials over Madlanga Commission delays

Justice Minister Mmamoloko Kubayi has admitted that “certain issues could’ve been avoided” by administrators in the Department of Justice in relation to the delays in ensuring the Madlanga Commission had the necessary resources to start on 1 September 2025.

At a press conference on Tuesday afternoon, 26 August, Kubayi said that she had placed the

department’s director-general, Doc Mashabane, and its deputy-director general responsible for Information and Communication Technology (ICT), Jabu Hlatshwayo, on immediate suspension pending a full investigation and disciplinary process

“This is because of the failures and lapses on the system, and also not being able to do due diligence in ensuring that the commission starts on time,” she said.

Kubayi said this was after it had been brought to her attention on Friday, 22 August, that the Madlanga Commission — tasked with probing the allegations of political interference and corruption made by KwaZulu-Natal Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi — would not be able to start with public hearings on 1 September as previously envisaged.

“The major issue that we are standing at… it’s around ICT and tools of trade. On the tools of trade, 25 laptops have been delivered and are being configured for all those who are working for the commission. Secure ICT infrastructure, searchable forensic data storage, cybersecurity solutions and integrated email worksite services are at the procurement award stage and will be concluded today,” said Kubayi

On Tuesday morning, 26 August, the Madlanga Commission said that it would not begin public hearings on 1 September as expected, due to the failure of the Department of Justice to procure “vital infrastructure” required for the process to commence.

Read more: Ramaphosa’s new police inquiry — while sitting on two previous reports

This comes after the commission had announced, in a statement on 20 August, that the Department of Justice and Constitutional Development was in the process of procuring the infrastructure required for the commission to commence its hearings. It added that the hearings would begin on 1 September, at the Brigitte Mabandla Justice College, in Pretoria.

“It [the Madlanga Commission] made this announcement based on unequivocal commitments made to it by the department that the requirements would have been procured in time.

Unfortunately, those commitments have not been met. As a result, it has since become clear that the commission will not be able to start the hearings as scheduled,” the Madlanga Commission said in a statement.

The commission added that, barring the lack of infrastructure requirements that the department had failed to procure, it would have been ready to begin with hearings next month.

“Regrettably, the commission is now left with no choice but to reschedule the starting date,” it said.

No new commencement date has been announced. However, Daily Maverick understands that Brigitte Mabandla Justice College remains the intended venue.

This was after Mkhwanazi claimed that a drug cartel in Gauteng was controlling a high-level criminal syndicate that extended into the South African Police Service (SAPS), the Police Ministry, Parliament, official prison structures, the judiciary and other law-enforcing authorities. He also alleged that Police Minister Senzo Mchunu, along with several other figures, including the Deputy National Commissioner for Crime Detection, Lieutenant-General Shadrack Sibiya, had undermined investigations into political killings and organised crime.

Mchunu has been placed on special leave until the commission makes its findings, while Sibiya has been told to “step aside”.

Ramaphosa appointed National Anti-Corruption Advisory Council chairperson and former Gauteng community safety MEC, Professor Firoz Cachalia, as acting police minister.

The Madlanga Commission was given three months to submit an interim report to the president, and six months to file a final report on its findings. At a press conference in July, the chairperson of the commission, Justice Mbuyiseli Madlanga, warned reporters that this timeline was “quite tight”.

Madlanga said that the commission had begun its work “in earnest”, but that procurement of certain infrastructure, including a venue, network and online facilities, needed to be arranged before it could hold public hearings. At the time, he anticipated that the hearings would begin in August.

“What is most regrettable is that a substantial portion of the three-month period at the end of which the commission is expected to submit an interim report has gone by without the commission having heard a single witness.

“This is not of the commission’s making,” it said on Tuesday.

Read more: The faulty rationale behind the Madlanga Commission of Inquiry

It added that it “considers it best” to set a new date for the hearings once everything that was needed has been procured by the department.

“It also wishes to assure South Africans that it is doing everything within its power to ensure that the first witness will take the stand as soon as possible after everything has been procured by the department,” the commission said

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