Action taken against Justice officials for delayed Madlanga Commission

Justice and Constitutional Development Minister Mmamoloko Kubayi has announced disciplinary proceedings against some of her department’s senior officials after delays forced the postponement of the long-awaited Madlanga Commission.

The Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, was appointed on 13 July 2025. Its regulations were gazetted on 19 August, paving the way for hearings to begin on 1 September.

However, logistical and procurement failures within the department have prevented the commission from starting as planned.

Kubayi confirmed that Director General Advocate Doc Mashabane now faces disciplinary proceedings, while Deputy Director General for ICT, Jabu Hlatshwayo, has been suspended pending investigation.

“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.

Explaining the setback, the Minister acknowledged that when she was advised of the possible delay last week, it became clear that it would be “practically impossible to intervene in the procurement process without compromising what is required by law as compliance with PFMA and SCM policies”.

She said she reported the matter to President Cyril Ramaphosa, who “delegated to the Minister of Justice…powers to institute disciplinary proceedings against the [DG]”.

Despite the disruption, Kubayi insisted she and her department remain committed to ensuring the commission begins its work without any more delays.

“If this is not done and concluded in time, it will continue to have a cloud over our heads and it will also impede on our work. It can act as demoralising for the men and women who are committed in the [cluster] to work effectively.”

The Madlanga Commission will sit at the Brigitte Mabandla Justice College in Pretoria, with security, staffing, ICT systems and witness protection measures being finalised.

A new starting date is yet to be announced.