Justice Minister Kubayi announces February restart for suspended DG's disciplinary hearing

Justice and Constitutional Development Minister Mmamoloko Kubayi confirmed that the disciplinary proceedings against suspended Director-General Doctor Mashabane and his deputy, Jabu Hlatshwayo, will recommence in the next two months.

This decision follows their suspension in September, stemming from the delays in the procurement of infrastructure necessary for the Madlanga Commission, which was established to investigate allegations of political interference in policing articulated by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi.

The suspensions of Mashabane and Hlatshwayo came shortly before the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System was scheduled to commence on September 1.

The commission had revealed that it would not commence as scheduled on September 1.

This was attributed to infrastructure procurement issues faced by the Justice and Constitutional Department that have had significant implications for the inquiry’s timeline.

Kubayi said at the time of the suspension of Mashabane and Hlatshwayo that the required infrastructure was not in place for the Madlanga Commission, and the delays impacted the commission's ability to start its work.

The Madlanga Commission commenced on September 17 after the required infrastructure was subsequently provided.

In responses to parliamentary questions from DA MP Glynnis Breytenbach, Kubayi outlined the updated schedules for the disciplinary hearings.

She said the dedicated hearing for Mashabane was scheduled for December 5.

“It has been postponed to dates 2, 3, 4, 11, 12, and 13 of February 2026, for hearing, subject to the decision of the presiding officer on the preliminary points raised by the director-general,” she said.

Meanwhile, the disciplinary hearing for Hlatshwayo was set down for hearing on November 26.

It was postponed to January 26, 2026, to allow the employer to reply to preliminary points by Hlatshwayo during the hearing.

These hearings coincide with the impending expiry of Mashabane's contract at the department, which is not set to be extended, while Hlatshwayo’s future remains uncertain as well.

Kubayi previously indicated that both suspensions were related to “failures and lapses in the system”.

To fill the leadership void created by the suspensions, Deputy Director-General Kalayvani Pillay, 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 Hlatshwayo’s ICT deputy director-general position.

The selection criteria for their appointments were based on experience, skills, and demonstrated commitment to the department's objectives.

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.

She has also 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.”

Kubayi previously confirmed that Mashabane's contract will expire in February 2026 and that the department would not extend it.

She had stated that his 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 Madlanga Commission of Inquiry, which started with public hearings, has adjourned until the beginning of January.

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