Suspended Justice and Constitutional Development Director-General Advocate Doctor Mashabane is leaving at the expiry of his contract at the end of this month after being charged with delaying the Madlanga Judicial Commission of Inquiry.

The mutual separation agreement follows Mashabane’s unsuccessful bid for disciplinary proceedings against him late last month.

President Cyril Ramaphosa suspended Mashabane in August last year after there was a delay in procuring the information and communications technology (ICT) infrastructure, which led to the start of the commission in September last year being postponed.

The delay forced the commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, to issue a public statement stating that it will not commence with public hearings as had been scheduled due to the department failing to finalise the procurement of ICT infrastructure.

Mashabane later raised concerns about the extent of escalating concerns about impartiality, particularly as Justice and Constitutional Development Minister Mmamoloko Kubayi would likely be a key witness in any disciplinary hearing while also overseeing the process.

His lawyers had earlier urged Ramaphosa to delegate the matter to a neutral minister to ensure fairness, impartiality, and objectivity, and also emphasised that he had a problematic working relationship with Kubayi, a request the president acceded to and appointed Transport Minister Barbara Creecy to assist with the further handling of the matter.

On February 2, his lawyers stated that Mashabane and the department agreed that he (Mashabane) be released from his contract, by way of mutual separation, in light of the imminent expiry of his contract on February 28, 2026.

Mashabane, who has been in the public service for over 20 years, was appointed in March 2021 as director-general of the department for a fixed term of five years, with his contract due to expire on February 28.

His lawyer Ivan ka-Mbonane said they are still studying the judgment and will thereafter advise Mashabane on the next step to take, if any.

The department confirmed that Mashabane requested to be released from his contract of employment with effect from February 2, 2026.

“The employer acceded to this request, and Mashabane has accordingly been released from his contract and is no longer the director-general of the department,” said Kubayi’s spokesperson, Terrence Manase.

He said the release from contract will take effect prior to the expiry date of February 28.

“To ensure stability and continuity in the administration of the department, the deputy director-general, Kalay Pillay, has been appointed to continue acting in the position of director-general until the post is formally filled through the prescribed processes,” Manase added.

He said the department remains focused on its mandate and on ensuring the uninterrupted delivery of justice services to the public.

loyiso.sidimba@inl.co.za

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