R148-million Commission of Inquiry cost not final

Minister of Justice and Constitutional Development, Mmamoloko Kubayi, said that the R148-pricetag attached to the Madlanga Commission of Inquiry is not final.

In an interview on Monday, Kubayi said that costs incurred along the way will increase the R148-million total figure. One of these is the cost of protection.

“One of the issues I want South Africans to be cognisant of is that we have not yet disclosed how much we’re going to use for the protection of witnesses and the team itself,” she said.

“The reason for this is that it can only be revealed afterwards. If someone is going to put their life on the line, they need to know that they will be safe.”

The Commission, which was supposed to get underway on 1 September, will start on the 17th following Kubayi’s department’s failures in procuring critical ICT infrastructure. The Deputy Director General has since been suspended for this.

It was established by President Cyril Ramaphosa after KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanzi’s allegations that a criminal syndicate had captured the country’s law enforcement, intelligence and other criminal justice structures.

Former Deputy Chief Justice Mbuyisile Madlanga will chair the Commission, which has been instructed to submit an interim report within three months of initiating proceedings, and a final report after six months.

In response to criticism, Kubayi defended the cost, saying it should not be interpreted as alarming.

“We have put together the resources we applied for through the National Treasury. We do not think that the cost is too high where we’re currently at,” Kubayi said.

“I don’t think there’s a need to raise an alarm. We’ve looked at ways to cut costs and ensure we do not spend further.”

Kubayi pointed out that the Commission would use a state-owned venue, which would be provided free of charge.

The cost of the commission has also sparked criticism, given that its findings are not binding, making its sole responsibility the investigation.

“The law is clear in that our findings are not binding. All we can do is make a recommendation to the President,” one of the Commission’s evidence leaders, Matthew Chaskalson said.

This creates the concern that the Madlanga Commission of Inquiry may result in similar outcomes as the Zondo Commission, where several findings were made, but minimal action followed.

Commissions have cost taxpayers north of R1 billion

The Madlanga Commission of Inquiry will be Cyril Ramaphosa’s sixth commission of inquiry, each costing taxpayers millions.

The most expensive was the Zondo Commission, which, led by former Chief Justice Raymond Zondo, cost South Africa close to R1 billion and lasted four years from 2018 to 2022.

It revealed significant levels of corruption, maladministration, lobbying, and kickbacks at state institutions during the state capture period.

However, despite Zondo providing Ramaphosa with a final report in 2022 comprising nearly 5,500 pages summarising over 8 million pages of documentary and 75,000 pages of transcribed oral evidence, the country has seen very few prosecutions.

The Nugent Commission, which was established to investigate governance and operational failures at the South African Revenue Service, following the state capture period, cost significantly less.

Also established in 2018 and chaired by retired Judge Robert Nugent, the commission cost only R8.8 million, although it only investigated a single state entity.

Ramaphosa also established a Commission of Inquiry in 2018 to investigate allegations of mismanagement and improper investment decisions at the Public Investment Corporation.

It was chaired by Justice Lex Mpati and held 63 days of hearings and heard testimony from 77 witnesses.

Ronald Lamola reported in late 2019 that the commission had cost taxpayers over R25 million after a year of proceedings.

The fourth of Ramaphosa’s Commissions of Inquiry launched in 2018, was to investigate misconduct by senior National Prosecuting Authority (NPA) officials Nomgcobo Jiba and Lawrence Mrwebi.

This followed concerns over political interference during the Zuma era. It cost just under R4 million.

It was not until 2025 that Ramaphosa established the fifth commission to investigate delays in the investigation and prosecution of crimes referred by the Truth and Reconciliation Commission.

The government has yet to reveal the cost of this inquiry.