Accusations of Sabotage: Government's role in the Madlanga Commission

The government has been accused of sabotaging the Madlanga Commission following remarks made by former chief evidence leader, Advocate Terry Motau, regarding its inadequate budget. 

The commission last week confirmed that Motau had stepped down from his role as chief evidence leader, adding that he left the commission on good terms but it did not provide reasons for his departure. 

Speaking with Radio 702 last week, Motau revealed that he had tendered his resignation on September 11, following a long-lasting discussion with commission leadership-central to his concerns was the lack of budget clarity.

Motau stressed that this was a lesson that should have been learned from the Zondo Commission, which ballooned past R1 billion in cost and left several legal professionals unpaid in its final months. 

He said the R147,9 million budget for the Madlanga Commission, announced by the government for this task, was insufficient to achieve the Commission’s goals.

“Without clear budget line items, you cannot responsibly allocate tasks or avoid previous missteps,” he said. 

The Commission’s spokesperson Jeremy Michaels declined to comment on Motau's claims.

In a statement on behalf of Justice Minister Mamoloko Kubayi, spokesperson Terrence Manase said the budgetary matters relating to the Commission have been properly managed and communicated, adding that at no point were formal concerns about the budget raised with the department.

Manase added that Motau was directly involved in the process of determining the fee structure for himself and his junior counsel. 

He said from the R147,9m budget, R10,898m was allocated to pay commissioners, evidence leaders, investigators, researchers and secretariat staff.

He also said R100,744m was budgeted for goods and services, including communication & ICT (R58,730m), consultants (R11.157m), legal services (R19,918m), R2,678m for travel and subsistence, as well as R36,258m for capital assets.

Manase said details of security-related expenditure will only be made public in the Commission's final report due to security reasons.

“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 in so far as the budget is concerned.”

The commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, was established by President Cyril Ramaphosa to investigate allegations of criminal infiltration and corruption within the country's criminal justice system.

The commission was formed following explosive allegations made publicly by KwaZulu-Natal Provincial Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, on July 6, 2025.

Mkhwanazi made damning allegations against high-ranking police officials and politicians, including Police Minister Senzo Mchunu. He accused them of aiding criminal syndicates, involving themselves in investigations and obstructing justice.

He alleged that Mchunu improperly interfered with police investigations and colluded with business associates to disband the Political Killings Task Team (PKTT) in KwaZulu-Natal. 

Political analyst Zakhele Ndlovu said this could be the government’s plan to sabotage the commission’s work, as he questioned its silence on the issue. 

“He (Motau) is raising an important point. I think he's got a valid reason. Why is the government not addressing the issue of budget clarity? Maybe this is its way of sabotaging the commission's work,” he said. 

The commission has heard explosive testimony implicating several politicians in criminal activities and interference within the South African criminal justice system. 

Mkhwanazi and head of Crime Intelligence Lieutenant-General Dumisani Khumalo allege that Mchunu unlawfully ordered the disbanding of the Political Killings Task Team in KwaZulu-Natal. This was allegedly done to protect criminal syndicates and politically connected individuals, including through an associate, Brown Mogotsi. Khumalo's testimony included WhatsApp messages between Mogotsi and cartel leader Vusimuzi "Cat" Matlala. 

Former Police Minister Nathi Mthethwa, who passed away last week, was accused of obstructing justice in 2011 to shield former Crime Intelligence boss Richard Mdluli from a slush-fund scandal. Mkhwanazi testified that Mthethwa pressured officials to stop both internal disciplinary proceedings and the criminal prosecution against Mdluli.

National Police Commissioner Fannie Masemola also testified that he informed Ramaphosa about Mchunu’s decision to unlawfully disband the PKTT. 

Legal expert Vuyo Manisi said although this is not a legal matter, Motau’s concerns are genuine and could have some negative ramifications.

“If some professionals, not only legal but other consultants as well, pull out as a result of not being paid, then there might be delays in finalising the hearings on time,” he said, adding that the planning of the commission was not efficient. 

The commission, which was scheduled to kick off at the beginning of September, started only later that month after the Department of Justice failed to meet deadlines for procuring vital infrastructure, including IT equipment, ICT services and witness protection resources. 

As a result, Kubayi announced disciplinary action against senior officials in her department. 

The Director-General, Advocate Doc Mashabane, faces disciplinary proceedings, while the Deputy Director-General for ICT, Jabu Hlatshwayo, was suspended pending an investigation.

The commission was adjourned until October 13 due to Commissioner Sesi Baloyi’s unavailability as she had to attend her duties as a member of the Judicial Service Commission.

manyane.manyane@inl.co.za