Kubayi announces disciplinary steps over Madlanga commission delay

The Department of Justice has suspended its ICT Deputy Director-General, Jabu Hlatshwayo, and Justice Director-General, Advocate Doctor Mashabane, following procurement delays that forced the Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System to postpone its hearings, initially scheduled for 1 September.

Kubayi confirmed on Tuesday that the suspensions are pending a full investigation and disciplinary process.

 She stressed the action reflects the department’s commitment to accountability.

"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.

"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, Mr 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."

The judicial commission, chaired by Justice Mbuyiseli Madlanga, announced that a significant portion of the three-month period allotted for its interim report had already elapsed without a single witness being heard.

"But for the lack of the requirements that the department has failed to procure, the commission would otherwise have been ready to commence the hearings on 1 September 2025," Madlanga said in a statement on Tuesday.

"This is not of the commission’s making," he added, assuring the public that hearings will begin as soon as the required infrastructure is in place.

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.

"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. 

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