The much-anticipated appointment of Retired Judge Takalani Joseph Raulinga as the first ombud for the Investigating Directorate Against Corruption (IDAC) remains on hold.

The delay is attributed to a section of the National Prosecuting Authority (NPA) Act that governs his employment, which is yet to be operational.

Raulinga’s appointment became known when IDAC head Advocate Andrea Johnson told the Ad Hoc Committee last month that he was appointed as the inspecting judge on October 11 for a five-year term.

Former minister Ronald Lamola started the process after consultation with Chief Justice Mandisa Maya, who supported the appointment in October 2024.

Responding during a question-and-answer session, Justice and Constitutional Development Minister Mmamoloko Kubayi said Section 228 of the National Prosecuting Authority Act, which is yet to commence, provides for a retired judge to investigate any alleged improper conduct or any conduct which has resulted in prejudice on the part of any IDAC staff member.

“The NPA Act gives this provision of work, and for the judge to start working. It prescribes that we must be able to bring the regulations to Parliament, so once the regulations are in effect and Parliament has considered the regulations, then we will be able to have the judge start working.”

As part of the administrative process, Kubayi confirmed that she approved the necessary regulations on October 10 this year.

However, the next steps — a submission of the regulations to Parliament, finalisation of the appointment process, and a formal proclamation — are still outstanding.

The minister insisted that Raulinga’s appointment was being conducted in full compliance with the relevant legislation.

“The judge has not yet commenced with his duties and will be remunerated based on submission of invoices for work that has been done.

“So to date, the judge has not submitted any invoice as the work has not started, and this will happen only when this is brought into operation, and the public pronouncement will be done once Parliament has been consulted and publication of the regulations has been done.”

Kubayi dismissed a suggestion by EFF MP Rebecca Mohlala that the IDAC judge was operating in secrecy and without a public mandate and traceable appointment process.

The minister said once the regulations are in force after the publication, Judge Raulinga will be working.

“There is no secret, and that is done with Parliament.”

Kubayi said her predecessor had thought that they would be able to get the regulations on time into Parliament.

“They have not been able to because, if they had gotten that regulation, then the judge would have started last year, but because the regulations were not yet approved, that’s why the judge can’t work.”

Asked by MK Party MP Khanyisile Litchfield-Tshabalala whether Johnson and NPA head Shamila Batohi lied to Parliament about the appointment in place and whether Raulinga was being paid, the minister said there could have been a misunderstanding on what appointment and commencement of work meant.

Kubayi insisted that the judge has not commenced work and can’t invoice.

“The judge has not started work, because what will give effect to the judge doing the work will be the regulations, which I am currently finalising.”

mayibongwe.maqhina@inl.co.za

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