Justice and Constitutional Development Minister Mmamoloko Kubayi has instituted disciplinary proceedings against the department’s Director General (DG), Advocate Doc Mashabane.
This as the department grapples with the circumstances leading to the delay in the commencement of the Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System – known as the Madlanga Commission.
The Minister made the announcement during a media briefing on Tuesday afternoon.
She explained that she was notified on Friday that the commission would not be able to commence hearings on 1 September as previously announced due to delays on the side of the department.
“It was clear at the end of the day that it is practically impossible to intervene in procurement process without compromising what is required by law as compliance with PFMA and SCM policies.
“I immediately reported the situation to…President [Cyril Ramaphosa] who was travelling…[and] we immediately agreed that I will do a full report to him which was done by Friday.
“In the process, the President then delegated to the Minister of Justice…powers to institute disciplinary proceedings against the [DG] and this decision has been communicated to him this afternoon,” Kubayi said.
The department’s ICT Deputy Director General (DDG), Jabu Hlatshwayo, has also been placed on immediate suspension pending an investigation and disciplinary process.
“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 added.
Ploughing ahead
Kubayi emphasised that despite these delays, the commission “has commenced with preliminary work that includes interaction with their witnesses”.
“We remain committed to ensuring that the commission begins its work without further delays and to strengthening the operational efficiencies of the department to prevent similar setbacks in the future,” Kubayi said.
During the question-and-answer session, the Minister expressed disappointment that the commission would not begin hearings as previously announced.
“I am disappointed like many South Africans. If you remember, General Mkhwanazi made reference even to prosecutors. What we are looking for, including myself as the Minister, is to look at rebuilding the brand of NPA [National Prosecuting Authority] for example and also building confidence in the JCPS [Justice, Crime Prevention and Security Cluster].
“If this [commission] 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 President is committed and that’s why he…asked us to go public and explain in the most transparent and accountable manner to say what has led to where we are and the consequences. [We are] rebuilding public confidence in our work,” Kubayi said.
A look back
The establishment of the commission – chaired by retired Constitutional Court Justice Mbuyiseli Madlanga – was announced by President Ramaphosa following allegations made by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.
Mkhwanazi made several allegations about an alleged criminal syndicate that has spread influence into law enforcement, the NPA and intelligence services.
Mkhwanazi also made allegations against the Police Minister – alleging that Mchunu colluded with criminal elements to disband the Political Killings Task Team based in KwaZulu-Natal.
Mchunu has since been placed on leave of absence with Professor Firoz Cachalia sworn in as Police Minister earlier this month.
The commission’s hearings will be held at the Brigitte Mabandla Justice College starting at a date to be announced by the commission. – SAnews.gov.za
