The Madlanga Judicial Commission of Inquiry is yet to comment on internal staffing matters, specifically regarding chief evidence leader Advocate Terry Motau SC’s reported request to leave the commission. 

Despite speculation that Motau’s likely exit from the commission is due to possible threats to his life, the commission on Monday emphasised its dedication to uncovering the truth behind allegations of criminal syndicates infiltrating South Africa’s law enforcement agencies.

Commission spokesperson Jeremy Michaels said that this was a sensitive matter and that there were ongoing discussions.

“The commission is squarely focused on its job, to conduct an inquiry into the gravely serious allegations that SA’s law enforcement agencies have been infiltrated and unduly influenced by criminal syndicates and drug cartels. We will not be distracted as the work of the commission is critically important for the rule of law in our country.”

The commission has been probing allegations of criminality, political interference, and corruption in the criminal justice system since September 17.

Legal experts have weighed in on Motau’s potential departure, with some downplaying its significance. 

Advocate Myron Dewrance, chairperson for Advocates for Transformation, of which Motau is a member, said all the hype over Motau resigning as evidence leader for the Madlanga Commission is simply a storm in a teacup.

According to Dewrance, it is not abnormal for a chief evidence leader to resign from a commission of inquiry. 

He referred to Advocate Vincent Maleka who earlier also resigned as an evidence leader at the Zondo Commission.

There can be various reasons as to why he had resigned, but it must be remembered that Motau has a busy practice, which he must place on hold during the commission, Dewrance said.

He pointed out that initially it was said the commission would sit for three months. It, however, started later than scheduled and it is clear that it will sit for much longer. Meanwhile, he said, Motau’s practice is on hold.

“He has many other clients and responsibilities. It is a balancing act, while it is not known when the commission will be done,” Dewrance said.

He is also doubtful that the speculated threats is the reason for Motau resigning from the commission. 

Dewrance said even if there were threats, the commission has proper security measures in place and Motau would not bow to threats.

“I know Terry well, as he is one of my members. He is a man with high ethics and I know he will never compromise his ethics. In terms of our rules and ethics we defend clients without fear and we do not get intimidated”. 

According to Dewrance the fact that Motau had resigned will have no effect on the work of the commission, as it is in good hands with Judge Mbuyiseli Madlanga. 

Advocate Francois Botes, former chairperson of the Pretoria Bar and a former acting judge, however, said Motau knew from the start what he was in for when he agreed to be part of the Commission. 

He said the workload attached to such a commission is obviously large, there is a lot of time pressure and it calls for a lot of research and focus. 

According to Botes, Motau has a brilliant legal brain and he would not have made the decision lightly to resign.

While he said it is worrisome that he had resigned at this stage and that his resignation can delay the commission, the fact that Advocate Matthew Chaskalson SC is due to take over, is good news. 

Botes said he also has an exceptional legal mind and the commission will be in good hands with him as evidence leader.

Professor Sipho Seepe, a political analyst, has warned that South Africa should prepare for potential delays in the commission due to staffing changes. 

“No individual is indispensable. Delays caused by resignations should be factored in any proper planning. To that extent, there will be someone to replace him. We should brace ourselves for such hiccups,” Seepe said.

rapula.moatshe@inl.co.za

Source link