By Johnathan Paoli
Justice and Constitutional Development Minister Mmamoloko Kubayi has rejected claims by Advocate Terry Motau (SC) that budget problems were behind his resignation as chief evidence leader of the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System, known as the Madlanga Commission.
“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,” she said via a statement.
Motau, who stepped down this week, had suggested that possible budget shortfalls influenced his decision to resign.
His comments raised questions about whether the commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, was sufficiently resourced to carry out its far-reaching mandate.
Kubayi said that Motau himself had been involved in determining the fee structure for his services and those of his junior counsel.
“It is therefore inaccurate to suggest that financial uncertainties were not adequately dealt with or transparently addressed,” Kubayi added.
The department detailed the commission’s finances, emphasising that funding arrangements had already been communicated as part of the Adjustment Estimates of National Expenditure process.
On 8 August, a total budget of R147.9 million was secured for the 2025/26 financial year.
The allocation is structured across three major categories.
Compensation of employees, worth R10.898 million, is intended to cover salaries for commissioners, evidence leaders, investigators, researchers and secretariat staff as well as goods and services valued at R100.744 million.
The commission’s largest spending area includes communication services and information and communication technology (ICT) at R58.730 million; consultants, including investigators and researchers at R11.157 million; travel and subsistence valued at R2.678 million; and legal services at R19.918 million.
Lastly, payments for capital assets (R36.258 million) is earmarked for secure ICT infrastructure, including new servers, computers and other technology to safeguard sensitive data.
The department highlighted that the commission operates from the state-owned Brigitte Mabandla Justice College, significantly reducing accommodation and rental costs.
But the minister also said that for security reasons, a full breakdown of certain security-related expenditures would only be disclosed in the commission’s final report.
Kubayi urged Motau to clarify his remarks directly, cautioning against creating the impression that budget disputes had hindered the commission’s progress.
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