Madlanga commission evidence leader Motau's replacement named

MADLANGA Judicial Commission of Inquiry chief evidence leader Advocate Terry Motau SC will be replaced by Matthew Chaskalson following his request to leave the commission.

Commission spokesperson Jeremy Michaels said: "The commission is squarely focused on its job, to conduct an inquiry into the gravely serious allegations that SA's law enforcement agencies have been infiltrated and unduly influenced by criminal syndicates and drug cartels. We will not be distracted as the work of the commission is critically important for the rule of law in our country."

The commission has been probing allegations of criminality, political interference, and corruption in the criminal justice system since September 17. Motau, the chief evidence leader, reportedly told the City Press that he has made a request to leave the commission but refused to share reasons about his departure. 

Legal experts have weighed in on Motau's departure, with Advocate Myron Dewrance, chairperson for Advocates for Transformation, of which Motau is a member, saying all the hype over the resignation was simply a storm in a teacup.

According to Dewrance, it is not abnormal for a chief evidence leader to resign from a commission of inquiry. 

He referred to Advocate Vincent Maleka who also resigned as an evidence leader at the Zondo Commission.

There can be various reasons as to why he had resigned, but it must be remembered that Motau has a busy practice, which he must place on hold during the commission, Dewrance said.

He pointed out that initially it was said the commission would sit for three months. It, however, started later than scheduled and it is clear that it will sit for much longer. Meanwhile, he said, Motau's practice is on hold.

“He has many other clients and responsibilities. It is a balancing act, while it is not known when the commission will be done,” Dewrance said.

He was also doubtful that the speculated threats were the reason for Motau resigning from the commission. 

Dewrance said even if there were threats, the commission has proper security measures in place and Motau would not bow to threats.

“I know Terry well, as he is one of my members. He is a man with high ethics and I know he will never compromise his ethics. In terms of our rules and ethics we defend clients without fear and we do not get intimidated”. 

According to Dewrance the fact that Motau had resigned will have no effect on the work of the commission, as it is in good hands with Judge Mbuyiseli Madlanga. 

Advocate Francois Botes, former chairperson of the Pretoria Bar and a former acting judge, however, said Motau knew from the start what he was in for when he agreed to be part of the Commission. 

He said the workload attached to such a commission is obviously large, there is a lot of time pressure and it calls for a lot of research and focus. 

While he said it was worrisome that he had resigned at this stage and that his resignation can delay the commission, the fact that Advocate Matthew Chaskalson SC is due to take over, is good news. 

Cape Times