The suspension of Justice DG Doc Mashabane comes as the Madlanga commission, probing political interference in policing, is delayed.
Justice Minister Mamoloko Kubayi says she will not go into detail regarding the suspension of the department’s director general (DG) Doc Mashabane.
Announcing Mashabane’s suspension during a media briefing on Tuesday, Kubayi said President Cyril Ramaphosa asked her to institute disciplinary proceedings against Mashabane; and this was communicated to him on Tuesday afternoon.
Minister on DG’s suspension
Kubayi said the suspension is related to “failures and lapses in the system” and not being able to do due diligence and ensure the commission of inquiry into criminality, political interference, and corruption in the criminal justice system starts on time.
The minister’s announcement came hot on the heels of the announcement that the inquiry, chaired by retired Judge Mbuyiseli Madlanga, will not begin on 1 September as planned.
The Madlanga inquiry was established to look into the explosive allegations made by KwaZulu-Natal police commissioner Nhlanhla Mkwanazi, regarding political interference in policing.
“I don’t want to go into detail. I can’t in public deal with labour matters… I can’t say these are the charges that he’s going to face,” Kubayi said when pressed about the reasons for Mashabane’s suspension.
“I still have to write him a formal letter today and send it to him, which he has to respond to and we will take the process from there,” she added.
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However, Kubayi clarified that Mashabane was aware that his contract – which is due to end in February next year – will not be extended or renewed.
She said she informed him of the suspension on Friday, which he acknowledged.
Kubayi also said the department will take the country into confidence once it is able to so.
Touching on the postponement of the Madlanga commission, the minister said the announcement happened despite her appeal for the department to make its announcement first.
No ‘breakdown of relationship’
Asked whether this was an indication of a potential breakdown in the relationship, Kubayi said no.
“There’ll never be a breakdown of relationship. We’re holding each other accountable, quite frankly, quite open,” she said.
Kubayi said she apologised to Ramaphosa that the postponement happened under her watch, and that she is disappointed that the inquiry will not begin on time.
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However, although the new date of commencement has not been communicated, Kubayi said the work still continues in other areas.
“[We] do have interactions by evidence leaders, as per the report I received, with witnesses. We don’t know who, we are not told. We don’t get to be told, but we just know that the work has been done.”
Current progress on the Madlanga commission
Kubayi also gave a breakdown of the progress made so far around the Madlanga commission:
- Venue: The commission will sit at the Brigitte Mabandla Justice College in Pretoria. Security assessments have been completed and the venue has been classified as medium risk, with security personnel on standby. Outstanding adjustments – including guard house and turnstile installations, office reconfiguration, and lift programming – are scheduled for completion this week.
- Capacitation: Appointments of commissioners, evidence leaders, a chief investigator with four investigators, secretarial staff, and a spokesperson have been finalised.
- ICT and tools of trade: 25 laptops have been delivered and are being configured. Secure ICT infrastructure, searchable forensic data storage, cybersecurity solutions, and integrated email/website services are at the procurement award stage and will be concluded on Tuesday.
- Cellphones have already been delivered to commissioners. Streaming services for public access are being finalised in partnership with GCIS and private broadcasters.
- Protection of witnesses: Guidelines have been finalised and, as this is a sensitive area, details cannot be shared publicly.
Watch the full media briefing here:
Concerns about inquiry delay
The chairperson of the parliamentary Portfolio Committee on Justice and Constitutional Development, Xola Nqola, said he was concerned about the delay to the Madlanga commission.
“It is especially concerning that the delay seems to be due to public servants not executing their responsibilities. This commission is of utmost importance to restore credibility for the country,” Nqola said in a statement on Tuesday.
“It is regrettable that these public servants have not done their work to ensure this process starts on time. We call on the minister to closely monitor the progress to ensure the work of the commission commences speedily,” he added.
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