Kubayi Launches Disciplinary Action Over Madlanga Commission Delay, Pledges Reform

Justice and Constitutional Development Minister Mmamoloko Kubayi has announced disciplinary proceedings against the department’s Director General (DG), Advocate Doc Mashabane, following critical delays that stalled the start of the Madlanga Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System.

The announcement, made during a media briefing on Tuesday afternoon, comes amid growing public concern over accountability within the justice sector and the effectiveness of government’s commitment to rooting out corruption.

Reasons for the Delay

Kubayi explained that she was officially informed on Friday that the Madlanga Commission would not be able to commence hearings on 1 September as previously scheduled. The cause, she said, lay with departmental inefficiencies, particularly in procurement processes.

“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,” she said, referencing the Public Finance Management Act and Supply Chain Management protocols.

After alerting President Cyril Ramaphosa, Kubayi submitted a full report outlining the failures, prompting Ramaphosa to delegate powers to her to institute disciplinary action against DG Mashabane.

Disciplinary Measures and Suspensions

In addition to the DG, ICT Deputy Director General (DDG) Jabu Hlatshwayo has been suspended pending investigation. Kubayi cited systemic lapses under his watch, particularly the failure to ensure readiness of digital and operational systems that underpin the commission’s functioning.

“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.

Kubayi’s firm stance signals a move to strengthen internal accountability in a department that has faced criticism for inefficiency and delays in implementing critical reforms.

Progress Despite Setbacks

Despite the delay in public hearings, the Minister confirmed that preliminary work had begun. This includes early engagement with witnesses and administrative groundwork to ensure the commission can move forward.

“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 stressed.

Her remarks underscored government’s awareness that credibility is at stake, not only for the commission but also for broader institutions such as the National Prosecuting Authority (NPA) and the Justice, Crime Prevention and Security Cluster (JCPS).

Public Confidence and Political Stakes

Kubayi admitted disappointment that the commission failed to launch as planned, acknowledging the broader implications.

“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,” she said.

She emphasized that both she and the President are determined to address the matter transparently, adding that the public deserves clear answers on the causes of the delay and the corrective actions being taken.

Background to the Commission

The Madlanga Commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, was announced earlier this year following explosive allegations by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi.

Mkhwanazi alleged the existence of a criminal syndicate infiltrating law enforcement, the NPA, and intelligence services. He further accused then-Police Minister Senzo Mchunu of colluding with criminal networks to dismantle the Political Killings Task Team in KwaZulu-Natal—a specialized unit investigating politically motivated assassinations.

In response to these allegations, Mchunu was placed on a leave of absence. Professor Firoz Cachalia was sworn in as the new Police Minister earlier this month.

Looking Ahead

The commission’s hearings are scheduled to take place at the Brigitte Mabandla Justice College, with dates to be formally announced once readiness is assured.

For now, disciplinary processes within the Department of Justice represent a test of government’s willingness to hold senior officials accountable. The stakes are high: restoring confidence in the justice system, repairing the credibility of the NPA, and demonstrating that institutions remain stronger than the individuals accused of undermining them.

The delay has cast a shadow over the process, but Kubayi’s decisive action indicates a renewed effort to ensure that the commission fulfils its mandate—exposing political interference, addressing systemic corruption, and rebuilding trust in South Africa’s rule of law.