Kubayi calls on Motau to clarify why he resigned from Madlanga Commission

Motau said the R147 million budget allocated to the Commission by the department of Justice was simply not enough.


Minister of Justice and Constitutional Development, Mmamoloko Kubayi, says budgetary matters relating to the Madlanga Commission of Inquiry have been properly managed and communicated, and no formal concerns about the budget were raised with her department.

This comes after chief evidence leader Advocate Terry Motau exited the hearings probing allegations of corruption and infiltration in the Criminal Justice System.

Budget

Motau said the R147 million budget allocated to the Commission by the department of Justice was simply not enough for the task at hand.

The Commission was established by President Cyril Ramaphosa following a media briefing on 6 July, in which KwaZulu-Natal (KZN) police Commissioner Nhlanhla levelled several allegations against police management and the judiciary, among others.

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It is chaired by retired Judge Mbuyiseli Madlanga.

Fee structure

Kubayi’s spokesperson, Terrence Manase, stated that the minister has taken note of recent comments by Motau.

“Advocate Motau has suggested that budgetary issues and his fears of budgetary shortfalls influenced his decision to resign from the Commission,” Manase said.

“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.  

“The minister further notes that Advocate Motau was directly involved in the process of determining the fee structure for himself and his junior counsel,” Manase said.

Clarity

Manase said the Commission continues to operate from the Brigitte Mabandla Justice College, a state-owned facility, at no additional cost to the fiscus.

“For security reasons, detailed security-related expenditure will only be made public in the commission’s final report.

“The minister reaffirms her commitment to transparency, accountability, and ensuring that the Commission is adequately resourced to fulfil its important 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 insofar as the budget is concerned,” Manase said.

Madlanga Commission

Mkhwanazi was the first to take the stand as a witness, with his testimony spanning over three days, delving deeper into his allegations.

National Provincial Commissioner Fannie Masemola was the second witness and testified that Mchunu’s directive to disband the Political Killings Task Team (PKTT) encroached on the commissioner’s mandate.

The Commission will take a scheduled break from 6 to 10 October 2025 due to the unavailability of Commissioner Sesi Baloyi, who will be attending to her duties as a member of the Judicial Service Commission (JSC).

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