Justice and Constitutional Development Minister Mmamoloko Kubayi has confirmed that work is under way for the disciplinary proceedings against Director-General Doctor Mashabane.
The suspension of Mashabane and the Deputy Director-General responsible for ICT, Jabu Hlatshwayo, was made public on August 26.
The suspensions came days after the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System revealed it would not commence as scheduled on September 1.
The delay was attributed to infrastructure procurement issues faced by the Justice Department that have had significant implications for the inquiry’s timeline.
This was despite Kubayi’s ministry instructing departmental officials to work closely with the commission to ensure that all administrative and logistical arrangements were in place.
Kubayi said at the time of the suspensions, the required infrastructure was not in place for the Madlanga Commission established to investigate the allegations made by KwaZulu-Natal police commissioner Nhlanhla Mkwanazi on political interference in policing.
“The delays had an impact on the commission starting its work,” she said.
Kubayi also said Mashabane was formally suspended on September 12, and the disciplinary process was now in progress.
“Work is under way for the disciplinary process, of which the outcome will be communicated publicly,” she said.
Kalayvani Pillay, deputy director-general responsible for legislative development and legal services, has been appointed to act as the director-general.
Deputy Director-General for Court Administration Charles Mohalaba has been appointed to act in the position of Hlatshwayo.
Kubayi said the selection criteria used to appoint Pillay and Mohalaba as acting officials focused on their experience, skills, performance, and demonstrated commitment and ability to drive the departmental mandate.
However, details regarding the ongoing disciplinary hearings remain confidential.
Kubayi said the disciplinary proceedings will not be transparent to the public, as they are confidential between the employer and the employee.
“The proceedings are regulated to be private and fair in terms of the Labour Relations Act, however, the investigation outcome will be communicated accordingly.”
As Mashabane’s contract is set to expire in February 2026 with no plans for extension, concerns have been raised regarding the urgency of the disciplinary proceedings, particularly given the limited timeframe.
Kubayi noted that the outcome of the hearing will be communicated to the public.
“Caution is brought that the government loses cases not on merits but on process and, therefore, would appreciate space to deal with the matter and protect its integrity,” she said.
Kubayi previously indicated that Mashabane’s contract will expire in February 2026 and that the department would not extend it.
She had stated that the suspension was related to “failures and lapses in the system” and not being able to do due diligence and ensure the Madlanga Commission of Inquiry started on time.
The inquiry, which started with public hearings, has adjourned until October 13 after Crime Intelligence head Dumisani Khumalo was unable to continue with his testimony on Thursday due to illness.
It is to take a break next week because Commissioner Sesi Baloyi will be attending her duties as a member of the Judicial Services Commission.
