Minister Kubayi breaks down estimated R147.898 million budget for Madlanga Commission

Justice and Constitutional Development Minister Mmamoloko Kubayi has given the breakdown of the R147.8 million to be spent on the Commission of Inquiry into criminality, political interference, and corruption in the criminal justice system.

In a written reply to parliamentary questions by EFF MP Vuyani Pambo, Kubayi said the preliminary estimated total cost of the commission was approximately R147.898 million.

“The current cost breakdown is as follows: commissioners, evidence leaders, and legal researchers R64 million, support staff R4.983 million, and operational logistics R78.890 million.

“These are preliminary estimates and will be refined with the Secretary of the Commission to align with the available budget,” she said.

The commission will be held at the Brigette Mabandla Justice College at no cost to the department.

“The department will report the actual expenditure in its quarterly reports to the relevant parliamentary committees,” Kubayi said.

Pambo had enquired about the steps Kubayi will take to ensure that the recommendations of the commission, once finalised, are implemented effectively and not disregarded as has been the case with previous commissions of inquiry.

He also wanted to know the mechanisms that have been put in place to guarantee the safety and protection of whistle-blowers and officials who come forward to provide evidence to the commission.

In her response, Kubayi said President Cyril Ramaphosa, who established the commission of inquiry, will, together with the Cabinet, take all necessary steps to ensure that the recommendations of the commission are complied with and implemented.

“The terms of reference provide that the report of the commission must also be submitted to Parliament. Parliament must also perform its oversight functions in respect of the report of the commission,” she said.

“Through its oversight role, Parliament must ensure that all possible, reasonable, and practicable steps are taken by the executive authority to comply with the eventual recommendations of the commission,” added Kubayi.

She indicated that the proceedings of the commission will be predominantly public and will be a matter of public record.

“The final report of the commission will also be made public.”

According to Kubayi, the protection of witnesses and potential witnesses who will appear before the commission was a matter that they were dealing with.

“Fulfilling the need to protect witnesses or potential witnesses will be dealt with by ensuring the current legislative measures in place in the Protected Disclosures Act, 2000, and the Witness Protection Act, 1998 are invoked and implemented, with due regard to the exigencies of the commission.”

However, she said the terms of reference empowered the commission to deviate from the provisions of the Act to hear evidence in-camera where it is necessary to protect the safety of witnesses, the integrity of ongoing investigations, and the work of the intelligence services concerned.

The Madlanga Commission, which was sparked by allegations made by SAPS KwaZulu-Natal Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, will start its public hearings on September 17.

It was unable to start its work on September 1 after the department failed to provide the necessary infrastructure and resources on time.

The commission announced last Friday that it noted the awarding of several contracts by the department, including IT equipment and ICT infrastructure services.

“The commission further notes that significant progress has been made by the appointed service providers to set up the various services in accordance with the commission's requirements,” spokesperson Jeremy Michaels said.

mayibongwe.maqhina@inl.co.za