Justice and Constitutional Development Minister Mmamoloko Kubayi has suspended the department’s Director-General, Advocate Doc Mashabane, and the Deputy Director-General responsible for ICT in the department, Jabu Hlatshwayo, for their lack of due diligence in ensuring that the Madlanga Commission of Inquiry starts on time.
Kubayi revealed this on Tuesday during a media briefing following the statement issued by the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System announcing the postponement of the commencement of its hearings.
Kubayi was joined by Justice and Constitutional Development Deputy Minister Andries Nel at the media briefing at the GCIS’ Ronnie Mamoepa Press Room in Hatfield, Pretoria.
September 1 commencement
The commission of inquiry, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, previously stated that the commission will commence with its hearings on September 1 at the Brigitte Mabandla Justice College in Pretoria.
However, the Madlanga commission announced on Tuesday morning that its hearings will no longer commence on September 1. it said this was due to the department’s delays in the procurement of vital infrastructure.
“After learning of the anticipated delays to be communicated by the Madlanga commission on Friday, I immediately convened several meetings with the commission and departmental officials to try and see if any intervention can be done to avert the further 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 PFMA and SCM policies,” said Kubayi.
“I then notified the President [Cyril Ramaphosa] immediately and did a full report for his consideration. [This] included communication of the immediate suspension of the DDG responsible for ICT in the department, Mr Jabu Hlatshwayo.
Disciplinary measures
“The president then delegated to [Minister Kubayi] powers to institute disciplinary proceedings against the Director-General of the department Adv Doc Mashabane. And this decision has been communicated to him this afternoon,” said Kubayi.
“We must, however, state that despite these challenges the Madlanga commission has commenced with the preliminary work that includes interaction with the witnesses. We remain committed to ensuring that the commission begins its work without further delay. And we are committed to strengthening the operational efficiency of the department to prevent similar setbacks in future.”
Madlanga Commission of Inquiry spokesperson Jeremy Michaels said the commission will fix a new date for its hearings. This will be done once everything that needs to be procured by the department has been secured.
“Regrettably, the commission is now left with no choice but to reschedule the starting date. 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.
“The commission considers it best to fix a new date for the commencement of its hearings once everything that needs to be procured by the department is in place. 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,” said Michaels.
MK Party slams delay
The MK Party came out strongly condemning the delay. It stated that this was an act of confirming how flawed and farcical the commission is.
“Although the department cited ‘procurement issues related to essential infrastructure’ as the cause of delay, it has become a more disturbing truth that [justice is being deliberately delayed and, by extension, denied,” said MK Party spokesperson, Nhlamulo Ndhlela.
He added that the delay also confirmed what the MK Party had long indicated. That “the judiciary itself is indeed implicated”.
EFF calls commission a sham
The EFF also stated on Tuesday that the delay formed part of a deliberate attempt to stifle accountability.
“We are vindicated that the establishment of this commission by the President of South Africa, Cyril Ramaphosa, was nothing but a pretence at action. Knowing very well that there was no intention of ever holding close political ally and current minister of police, Senzo Mchunu, accountable for the allegations against him.
“The procurement of this commission was a political ploy to ease the anxieties of South Africans in the immediate. It was hoping that our nation would in time collectively forget the damning allegations against Senzo Mchunu and our law enforcement agencies. These… were alleged to be captured by criminal networks and drug syndicates,” said EFF in the statement.
