Justice Minister Defends Madlanga Commission Budget After Advocate’s Exit

In a statement, the Department noted that Advocate Motau himself was directly involved in determining the fee structure for his work as well as that of his junior counsel.

Minister of Justice and Constitutional Development Mmamoloko Kubayi has moved to reassure South Africans that the budget of the Madlanga Commission of Inquiry has been managed responsibly and transparently, following concerns raised in media reports about the resignation of its former Chief Evidence Leader, Advocate Terry Motau SC.

Motau, who stepped down earlier this week, reportedly suggested that budgetary constraints and fears of funding shortfalls were among the reasons for his resignation. However, the Department of Justice has firmly rejected suggestions of financial mismanagement, stressing that no formal complaints about the budget had been raised with the department.

Budget Management “Properly Communicated”

In a statement, the Department noted that Advocate Motau himself was directly involved in determining the fee structure for his work as well as that of his junior counsel.

“The Minister wishes to place on record that budgetary matters relating to the Commission have been properly managed and communicated, and at no point were formal concerns about the budget raised with the Department,” the statement said.

The Department also encouraged Motau to clarify his reasons for resigning rather than “placing undue liability” on the department in relation to financial matters.

Commission Budget Breakdown

The Madlanga Commission’s total budget of R147.9 million has been clearly allocated across key categories to ensure that its mandate is adequately funded. According to the Department, the breakdown is as follows:

• Compensation of employees – R10.898 million (covering commissioners, evidence leaders, investigators, researchers, and support staff).

• Goods and services – R100.744 million (including ICT systems, consultants, legal services, communication, and travel).

• Payments for capital assets – R36.258 million (focused on secure ICT infrastructure such as servers, computers, and related systems).

The Department highlighted that the Commission operates from the Brigitte Mabandla Justice College, a state-owned facility, at no additional cost to the taxpayer. However, it added that details of security-related expenditures would only be disclosed in the Commission’s final report, citing safety concerns.

Transparency and Accountability

Minister Kubayi reaffirmed government’s commitment to ensuring that the Commission’s work proceeds without disruption.

“The Minister reaffirms her commitment to transparency, accountability, and to ensuring that the Commission is adequately resourced to fulfil its important mandate,” the Department said.

The statement stressed that the Commission’s financial arrangements remain robust and that it will continue to operate within its allocated resources.

Looking Ahead

The Madlanga Commission hearings are scheduled to resume on 13 October, despite the leadership change in its legal team. Advocate Matthew Chaskalson SC has been appointed as the new Chief Evidence Leader, ensuring continuity in the Commission’s investigative process.

The Commission’s mandate is considered crucial to uncovering facts and making recommendations on matters of significant public interest. With the Justice Department reaffirming financial stability, the focus now shifts to ensuring that the hearings proceed without further disruption.