Justice Minister Mmamoloko Kubayi has called on Advocate Terry Motau SC, former chief evidence leader of the Madlanga Commission, to publicly clarify his reasons for resigning rather than placing undue liability on the Department of Justice regarding budget matters.

In a statement, departmental spokesperson Terrence Manase said Kubayi had taken note of recent comments by Motau, who stepped down from the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, chaired by retired Judge Mbuyiseli Madlanga.

Motau has suggested that fears over budget shortfalls influenced his decision to resign from the commission.

“The minister wishes to place on record that budgetary matters relating to the commission have been properly managed and communicated, and at no point were formal concerns about the budget raised with the department,” Manase said.

Kubayi also noted that Motau was directly involved in determining the fee structure for himself and his junior counsel.

As part of the 2025 Adjustment Estimates of National Expenditure process, the Department submitted a funding request to the National Treasury on August 8.

The total allocation for the 2025 and 2026 financial year stands at R147.9 million.

Of that, nearly R11 million is set aside for compensation of employees, including commissioners, evidence leaders, investigators, researchers and secretariat staff. 

A further R100.7 million is allocated for goods and services, including R58.7 million for communications and ICT, R11.1 million for consultants, R19.9 million for legal services, and R2.6 million for travel and subsistence.

Capital assets account for R36.2 million, with funding directed towards secure ICT infrastructure such as computers, servers and related systems.

Manase added that the commission continues to operate from the state-owned Brigitte Mabandla Justice College at no additional cost to the public purse. 

He said for security reasons, detailed security expenditure will be published only in the commission’s final report.

Kubayi reaffirmed her commitment to transparency and ensuring that the commission is adequately resourced to fulfil its mandate.

“The minister further encourages Advocate Motau to provide clarity to the public on the reasons for his decision to resign, rather than placing undue liability on the department in so far as the budget is concerned,” Manase said.

On Thursday, IOL News reported that Motau had broken his silence over his resignation, which had been the subject of speculation since he left his post amid a temporary pause in commission proceedings due to the ill health of key witness Lt-Gen Dumisani Khumalo.

Speaking to Radio 702, Motau said he tendered his resignation on 11 September following what he described as “prolonged to-ing and fro-ing” with commission leadership. 

He said the decision was not abrupt or emotional, but stemmed from “deep structural and administrative misgivings”.

“Things did not go according to plan. There were unforeseen issues on my part that made it impossible for me to add value to the commission,” he said.

Motau pointed to the lack of budget clarity as a key concern, warning that the failures of past commissions, such as the Zondo Commission, which exceeded R1 billion and left several professionals unpaid, should not be repeated.

“The government announced a R147 million budget. For a task of this magnitude, it’s not much,” Motau said. “Without clear budget line items, you cannot responsibly allocate tasks or avoid previous missteps.”

He emphasised that his resignation was not about money.

“Taking up this role was an act of service. I took a massive pay cut – willingly. I call these matters ‘love for country’ issues,” he said.

When asked whether he felt undermined in the commission structure, Motau was cautious but candid, saying that a lack of operational transparency compromised his ability to lead effectively.

“When you come on board to offer your expertise, and you can’t get answers on basics like task allocation or budget usage, it becomes a concern,” he said.

His departure has sparked wider questions about whether the commission will be able to meet its mandate within the timeline promised by President Cyril Ramaphosa.

While expressing faith in the remaining team, Motau warned that unresolved administrative weaknesses could affect outcomes, as seen in other inquiries.

“My hope is that my resignation highlights how serious these issues are. This commission is vital to restoring public trust in the criminal justice system,” he said.

Motau described testimony heard so far, though still to be tested by cross-examination, as “deeply disturbing”.

“The connections and tentacles revealed so far are shocking. But as I said from the outset – it’s not about what is said; it’s about what can be proven.”

Despite his resignation, he reiterated his support for the commission’s mission and expressed hope that, if properly supported, it could produce credible outcomes and lead to prosecutions.

“I came into this with confidence, and I still believe, if evidence is backed and institutions respond, the commission can help this country turn a corner,” he said.

simon.majadibodu@iol.co.za

IOL Politics

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