By Lehlohonolo Lehana.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi has suspended two top officials in her department, following delays to the start of the Madlanga Judicial Commission of Inquiry into malfeasance, corruption, and political interference in South Africa’s criminal justice system
The hearings, initially set for 1 September 2025, have been postponed indefinitely, with the commission blaming the department for not providing the required infrastructure.
President Cyril Ramaphosa gazetted the Madlanga commission into law to investigate law enforcement corruption, following public allegations by Lieutenant-General Nhlanhla Mkhwanazi.
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.
“After learning of the anticipated delays to be communicated by the Madlanga commission on Friday, I immediately convened several meetings with the commission and the departmental officials to try and see if any intervention can be done to avert the further delay,” Kubayi said.
“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.
“It was clear at the end of the day that it is practically impossible to intervene in the procurement process without compromising what is required by law as compliance with PFMA and SCM policies.
“I then notified the president immediately and did a full report for his consideration, which included communication of the immediate suspension of the DDG responsible for ICT in the department, Jabu Hlatshwayo.
“The president then delegated to the Minister of Justice and Constitutional Development powers to institute disciplinary proceedings against the Director-General of the Department, Advocate Doc Mashabane, and this decision has been communicated to him this afternoon.”
Kubayi said that despite the delays, the Madlanga commission has commenced preliminary work, including witness interactions.
The commission will sit at the Brigitte Mabandla Justice College in Pretoria, while the Khampepe Commission will be housed at Sci-Bono in Johannesburg. Both venues are publicly owned.
“We do not have to be utilising a private entity. This is the approach we’ve taken for both the commissions,” she said.
“Security assessments have been completed, and the venue has been classified as medium risk, with security personnel on standby. Outstanding adjustments, including guard house and turnstile installations, office reconfiguration, and lift programming, are scheduled for completion this week,” she said.
Appointments of commissioners, evidence leaders, a chief investigator with four investigators, secretarial staff, and a spokesperson have also been finalised. This will ensure that the commission is equipped to deal with the complex matters before it.”
Kubayi says guidelines have been finalised for protecting witnesses, and as this is a sensitive area, details cannot be made public.
“We remain committed to ensuring that the commission begins its work without further delay and to strengthening the operational efficiency of the department to prevent similar setbacks in the future, “she said.