Minister of Justice and Constitutional Development Mmamoloko Kubayi says Deputy Director-General Jabu Hlatshwayo has been suspended following critical failures that led to delays in the commencement of the Madlanga Commission of Inquiry.

Kubayi confirmed during a media briefing on Tuesday that Hlatshwayo, who is responsible for ICT in the Department of Justice, was suspended with immediate effect pending a full investigation and disciplinary process.

“I had immediately put the DDG responsible for ICT, Mr Jabu Hlatshwayo, on immediate suspension pending a full investigation and a disciplinary process,” Kubayi said.

She added that President Cyril Ramaphosa had also delegated powers to her to initiate disciplinary proceedings against the department’s Director-General, Advocate Doc Mashabane, due to the lapses that resulted in the commissions being unable to begin hearings on September 1 as originally planned.

“With the report submitted, the President then communicated the request, the President then delegated to the Minister of Justice and Constitutional Development powers to institute disciplinary proceedings against the Director-General of the Department of Justice and Constitutional Development, Advocate Doc Mashabane, and this decision has been communicated to him this afternoon,” Kubayi said.

IOL previously reported that the Madlanga Commission announced its hearings, initially set to begin on September 1 2025, will no longer commence on that date. This is due to delays in the procurement of essential infrastructure by the Department of Justice and Constitutional Development.

In a statement issued on Tuesday, the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System said the delay was beyond its control and stemmed from unmet commitments by the department, which had previously assured the commission that all necessary infrastructure would be procured in time.

Kubayi revealed that key ICT systems, including secure platforms for document sharing, searchable forensic data storage, and communication tools, were not ready in time, despite repeated follow-ups. As a result, commissioners could not exchange documents or notify witnesses ahead of the hearings.

“It was evident towards the end of the day that we will not be able to practically do that because intervention would have meant that we violate PFMA and SCM processes that are in place, and therefore we had to concede,” said Kubayi.

“Certain issues could have been avoided by the administrators in the department.”

The Khampepe Commission was appointed by Ramaphosa on 29 May 2025, and the Madlanga Commission on 13 July 2025.

The Madlanga Commission was appointed to investigate criminality, political interference, and corruption within the criminal justice system, as alleged by Lt-General Nhlanhla Mkhwanazi during a media conference on July 6. 

Both commissions were formally enabled to begin their work on 19 August, following the publication of their regulations in the government gazette.

Kubayi said most logistical and operational arrangements are complete. The Madlanga Commission will sit at Justice College in Pretoria, while the Khampepe Commission will be housed at Sci-Bono in Johannesburg. Both venues are publicly owned.

“We do not have to be utilising a private entity. This is the approach we’ve taken for both the commissions,” she said.

“Sci-Bono actually ran some of the previous commissions, so the infrastructure was already in place.”

On capacitation, she reported that commissioners, evidence leaders, a chief investigator, and four investigators, as well as secretariat staff and spokespersons, have been appointed.

“This was meant for the commission to have the capacity in terms of personnel to be able to do its work,” she said.

She also added that Security arrangements, venue preparations, and witness protection guidelines are in place or in the final stages.

”Protection of witnesses in terms of the guidelines, we are finalising that, but as you know, this is one of the areas that is sensitive, which will not be discussed publicly. We will utilise some of the methods that were done by the Zondo Commission, but will upgrade them. We were going to have a meeting with the commission yesterday, unfortunately, the meeting could not happen,”she said.

“Twenty-five laptops have been delivered and are being configured. Secure and ICT infrastructure, searchable forensic data storage, cyber security solutions and integrated email and website services are at procurement award stage and will be concluded today,” Kubayi said.

She also said the commissions have already begun preliminary work, including engagements with witnesses, and she expects the remaining systems to be finalised this week.

“I must say, consistently throughout, I’ve been interacting with the commissions ,literally sometimes twice a week or three times a week,” said Kubayi.

“We remain committed to ensuring that the commissions begin their work without further delays and to strengthen the operational efficiencies of the department to prevent similar setbacks in the future.”

hope.ntanzi@iol.co.za 

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