Justice Minister Mmamaloku Kubayi
Justice And Constitutional Development Minister Mmamoloko Kubayi said on Tuesday disciplinary proceedings were underway against the department’s director general while the deputy director general for information and communication technology had been suspended over the delayed start of the much-anticipated inquiry into corruption in South Africa’s criminal justice system.
Kubayi’s announcement to journalists came hours after the inquiry’s chairperson, retired Constitutional Court Justice Mbuyiseli Madlanga, told a media briefing that the hearings, which were scheduled to begin on 1 September, would be postponed indefinitely because the department had failed to provide the necessary infrastructure.
Madlanga said the commission had been ready to proceed but procurement processes had collapsed.
“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,” he said.
He added that the delay would almost certainly undermine President Cyril Ramaphosa’s directive that the inquiry produce its first interim report within three months.
“What is most regrettable is that a substantial portion of the three-month period … has gone by without the commission having heard a single witness. This is not of the commission’s making,” Madlanga said.
No new starting date has been provided.
In response, Kubayi said after learning of the anticipated delays last week, she had convened meetings with the commission and departmental officials to see if any intervention could avert the delay.
“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 [Public Finance Management Act] and [supply-chain management] policies,” she said.
“I then notified the president immediately and did a full report for his consideration which included communication of the immediate suspension of the [deputy director general] responsible for [information and communication technology] in the department Mr Jabu Hlatshwayo.
“The president then delegated to [me] 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 however insisted that, despite these challenges, the Madlanga commission had commenced with preliminary work, including interaction with witnesses.
“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 added.
The Economic Freedom Fighters (EFF) said the delay vindicated its warnings that the inquiry had been designed to fail.
“This forms part of a deliberate attempt to stifle accountability. The establishment of this commission by President Cyril Ramaphosa was nothing but a pretence at action, knowing very well that there was no intention of ever holding his close political ally and current minister of police, Senzo Mchunu, accountable for the allegations against him,” it said.
The inquiry is meant to investigate allegations about Mchunu’s interference in police investigations.It was announced earlier this year as part of the administration’s efforts to confront allegations of political interference, organised crime and corruption within the criminal justice system.
It was intended to reassure the public that the government remained committed to strengthening the rule of law.
The EFF framed the failure as confirmation that the commission was never intended to succeed.
“The pronouncement of this commission was a political ploy to ease the anxieties of South Africans in the immediate [future], hoping that our nation would, in time, collectively forget the damning allegations against Senzo Mchunu and our law enforcement agencies,” it said.
Mchunu was placed on special leave pending the outcome of the inquiry. The EFF argues that such a status has no constitutional basis, insisting that Mchunu continues to enjoy the perks of high office, including ministerial housing and state vehicles and security, despite not carrying out his duties.
“As things stand, South Africa effectively has two ministers of police,” the EFF said, reiterating its call for Mchunu’s removal from cabinet.
The party also accused Ramaphosa of prioritising political patronage over accountability, claiming that shielding Mchunu has undermined public confidence in the government’s anti-corruption agenda.
The delay in launching the commission comes as former president Jacob Zuma intensifies his legal offensive against it. Zuma and his uMkhonto weSizwe (MK) party are challenging the legality of the inquiry, arguing that it is likely to exceed its six-month mandate and fail to deliver meaningful outcomes.
Zuma has described the Madlanga Commission as another example of what he calls Ramaphosa’s “weaponisation” of state institutions. The MK party has suggested that the inquiry is being used selectively to target political opponents while avoiding scrutiny of ANC insiders.
The EFF has pledged to continue pursuing accountability through an ad hoc parliamentary committee on law enforcement, which is due to begin work in September. The party said parliament remained the one forum where accountability could not be avoided through bureaucratic delays.
“We do not rely on the department of justice to do our work in parliament. Should this department, or any other, attempt to impede the work of the ad hoc committee, we will explore all legal and parliamentary mechanisms to ensure this does not happen,” the party said.
*This story has been updated with comments from Justice Minister Mmamoloko Kubayi