Underfunding could collapse Mandlanga Inquiry

THE alleged lack of budget clarity for the Madlanga Commission inquiry could be the government’s plan to sabotage the commission’s work.

That is according to Political analyst Zakhele Ndlovu following the commission’s former chief evidence leader, Advocate Terry Motau’s remarks about stepping down from the top position over what he described as an inadequate budget.

Speaking with Radio 702, Motau disclosed 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.

He said 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. He said 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.

Reacting to Motau’s remarks, Ndlovu questioned what he described as the government's 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.

Legal expert Vuyo Manisi said although this is not a legal matter, Motau’s concerns were 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 adjourned to October 13 due to Commissioner Sesi Baloyi’s unavailability as she had to attend her duties as a member of the Judicial Service Commission.

Cape Times