‘Fake process’: MK Party and EFF fume over Madlanga commission delay

Justice minister Mmamoloko Kubayi delayed the start of the Madlanga Commission, angering political parties.


uMkhonto weSizwe (MK) Party and the EFF have lashed out at the executive for the delaying of the Madlanga Commission.  

Justice and Constitutional Development minister Mmamoloko Kubayi announced a postponement of the 1 September start date, suspending department officials in the process.

The EFF and MK Party, both represented on the ad hoc committee which took more than 10 hours to formulate the terms of reference for the inquiry, released statements lambasting the process.

President Cyril Ramaphosa announced the establishment of a judicial commission of inquiry following allegations made against senior police officials, legal professionals, and Minister of Police Senzo Mchunu.

A ‘political ploy’

Minister Kubayi stated on Tuesday that the delay was due to a failure to procure ICT technology in time for the initial commencement date.  

The minister suspended her department’s deputy director-general, Jabu Hlatshwayo, and initiated disciplinary proceedings against the director-general, Advocate Doc Mashabane.

The EFF said the initial announcement of the commission was a “political ploy” and said the delay allowed the president to avoid holding “a close political ally” accountable.

The EFF accused the government of underfunding the commission while allowing Mchunu to sit at home on full pay and benefits.

“The President of South Africa has chosen patronage and political allegiance over South Africa,” said the EFF.

“We, therefore, urge Justice Mbuyiseli Madlanga to request that he step aside from this disgraced and fake process which will taint his legacy in the legal profession,” the party stated.

‘Destined to collect dust’

The MK Party stated that the longer the “flawed, farcical and ultimately ridiculous” commission took to get started, the more “compromised” the outcome would be.

The MK Party suggested that implicated Deputy Police Commissioner Shadrack Sibiya could use the delay to argue that his suspension was unnecessary, as there was no sitting inquiry into his conduct.

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The party questioned the judiciary’s integrity, as well as the appointment of Madlanga to head up the commission.  

“It is deeply alarming that a retired judge is presiding over an inquiry into the very same judiciary made up of his own peers; peers whom the political killings task team already found to be complicit in shielding criminal networks,” stated MK Party spokesperson Nhlamulo Ndhela.

Ndhela reiterated his party’s belief that it would yield few results.  

“It will amount to nothing more than a stack of documents filled with non-binding recommendations, destined to collect dust,” he said.

New date to be announced

Rise Mzansi also shared their frustration with the delay, stating that minister Kubayi should be held accountable for failing to exercise executive oversight.

“What the minister should have done was to request regular status updates from the director-general so as to ensure that the commission would be fully equipped,” said the party’s National Assembly Caucus Whip, Makashule Gana.

Gana said the party would motivate for Kubayi to be called before the justice and constitutional development portfolio committee to account for the fiasco.

Additionally, Gana said a new date for the commission to start its work needed to be announced without hesitation.

Kubayi said on Tuesday that everything else was in place, except for the ICT infrastructure, and that the commission would conduct its work at the Brigitte Mabandla Justice College in Pretoria at a date to be confirmed.

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