The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has noted recent comments by Advocate Terry Motau SC, former Chief Evidence Leader in the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System, chaired by retired Judge Mbuyiseli Madlanga.
Advocate Motau has suggested that budgetary issues and his fears of budgetary shortfalls influenced his decision to resign from the Commission.
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 Minister further notes that Advocate Motau was directly involved in the process of determining the fee structure for himself and his junior counsel.
Key facts on the Commission’s budget as previously communicated
On 8 August 2025, the Department submitted a funding request to the National Treasury as part of the Adjustment Estimates of National Expenditure process. The total budget of R147.9 million for the 2025/26 financial year is allocated as follows:
- Compensation of Employees – R10.898 million
For Commissioners, Evidence Leaders, Investigators, Researchers, and Secretariat staff. - Goods and Services – R100.744 million, including:
- Communication & ICT – R58.730 million
- Consultants: Investigators & Researchers – R11.157 million
- Legal Services – R19.918 million
- Travel & Subsistence – R2.678 million
- Payments for Capital Assets – R36.258 million
For secure ICT infrastructure, including computers, servers, and associated systems.
The Commission continues to operate from the Brigitte Mabandla Justice College, a state-owned facility, at no additional cost to the fiscus.
For security reasons, detailed security-related expenditure will only be made public in the Commission’s final report.
The Minister reaffirms her commitment to transparency, accountability, and to ensuring that the Commission is adequately resourced to fulfil its important mandate. 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.
Enquiries:
Mr Terrence Manase
Spokesperson to the Minister of Justice and Constitutional Development
Cell: 082 338 6707
E-mail: TManase@justice.gov.za
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