By Lehlohonolo Lehana.
Justice Minister Mmamoloko Kubayi has dismissed claims by Advocate Terry Motau that budget concerns forced his resignation from the Madlanga Commission of Inquiry.
Motau said he made the decision to resign on September 11 and communicated with the commission chair, justice Mbuyiseli Madlanga. He said he left due to administrative issues.
He highlighted the importance of having a sufficient budget for the commission, referencing the State Capture Commission of Inquiry, which cost R1bn and left legal representatives unpaid.
However Kubayi has made it clear that the budget for the commission has been well-managed and effectively communicated, countering Motau’s claims that financial issues played a crucial role in his departure.
“At no point were formal concerns regarding the budget raised with the Department,” she stated, emphasising the importance of clear communication and accountability.
Motau’s involvement in the commission’s financial matters is notable; he contributed to the determination of the fee structures for himself and his junior counsel, indicating that seemingly any concerns he had may have been a misunderstanding of the processes in place.
The commission’s total budget for the 2025/26 financial year has been outlined as a significant R147.9 million, with allocations designed to maintain its operations effectively.
Additionally, the commission operates from the Brigitte Mabandla Justice College, a state-owned facility, which incurs no additional costs to the national budget, thereby maximising resource efficiency.
Kubayi reiterated her commitment to transparency and accountability, urging Motau to openly clarify his motivations for his resignation.
“We must strive to ensure that the essential functions of this commission are adequately supported, and any implications regarding budgetary concerns should be addressed candidly, “she encouraged.
President Cyril Ramaphosa established a commission following alarming allegations raised by KwaZulu-Natal Police Commissioner, Lt-Gen Nhlanhla Mkhwanazi. The commission’s formation comes in the wake of claims regarding political interference in law enforcement and the alleged protection of criminal networks, with accusations reaching as far as the judiciary.
The commission started on September 17, 2025, with Mkhwanazi as the first witness, where he accused the suspended police minister Senzo Mchunu of disbanding a task team probing political killings. He also warned that South Africa’s justice system was facing collapse.
There have been five witnesses who have testified so far.
They include Lt-Gen Mkhwanazi, National Police Commissioner General Fannie Masemola, police expert Major-General Petronella van Rooyen, KZN NPA head Elaine Harrison, and Crime Intelligence boss Lt-Gen Dumisani Khumalo.
The commission announced that Motau would be replaced by advocate Matthew Chaskalson SC. It has since taken a break and will resume public hearings on October 13.