Kubayi admits Justice Department paid R35m to suspended officials over five years
Minister of Justice and Constitutional Development Mmamoloko Kubayi has revealed that more than R35 million was paid in salaries to suspended employees within her department over the past five financial years.
The disclosure followed a parliamentary question by RISE Mzansi MP Songezo Zibi, who asked for details on the reasons for suspensions, expected timelines for disciplinary hearings, and monthly payments made during suspensions.
Kubayi said that during the third quarter of 2024, 22 employees were suspended, with ten of them suspended “for financial misconduct and maladministration based on the SIU report proclamation 7 of 2020 and Forensic Audit Unit (FAU) of Department of Justice and Constitutional Development (DOJ&CD).”
The other twelve were suspended for various offences, including assault, bribery, corruption, fraud, gross dishonesty, insubordination, unethical behaviour, and unbecoming conduct.
She explained that “the provisions by the PSCBC Resolution 1 of 2003 and chapter 7 of the SMS handbook require that precautionary suspension should be reasonable and justified and not exceed 60 days.”
However, Kubayi acknowledged that “the expected conclusion date(s) of the specified disciplinary depends on various factors, including the complexity of the case, further investigations to support the allegations and the securing of witnesses.”
Regarding the progress of disciplinary cases, Kubayi said the department had “concluded 11 out of the 22 cases,” with four matters concluded in February 2025, one in March, one in April, and five in May.
She added that one corruption case was concluded but “subjected to a review by the DOJCD during 2024,” while another for maladministration was “awaiting a sanction after a guilty verdict,” with a disciplinary process expected to conclude before the end of June 2025.
Two matters were “postponed sine die to allow the internal Forensic Audit Unit (FAU) to complete investigations based on new allegations,” with reports expected before the end of June 2025.
Two other matters are being handled “in terms of section 188A of the LRA under the auspices of General Public Service Sector Bargaining Council (GPSSBC),” while one fraud case is “due to commence after procurement processes to secure Presiding Officer” and is described as a “complex legal matter which may require a legal person.”
Four matters for financial misconduct and maladministration are “at an advanced stage and are scheduled for June and July 2025, respectively,” she said.
On payments during suspension, Kubayi outlined a salary range: “Three employees were paid the gross of R16K to R19K per month. Four employees were paid the gross of R20K to R23K per month. One employee R35K. Three employees were paid the gross of R42K to R46K per month. Two employees were paid the gross of R74K to R79K per month.
”Five employees were paid the gross of R81K to R87K per month. Three employees were paid the gross of R97K to R105K per month. One employee is paid the gross of R133K per month,” said Kubayi.
Looking at suspensions over the past five years, Kubayi said a total of 59 employees were suspended, with payments amounting to R35,310,106.74.
She noted that “11 finalised suspensions were within 60 days, 31 of finalised suspensions were outside 60 days, remaining 10 of 42 finalised suspensions took up to 300 days and the remaining 11 of 17 not finalised suspensions are outside 60 days.”
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