Madlanga commission denies allegations — what we know so far
Acting Deputy Chief Justice Mbuyiseli Madlanga
The Madlanga commission of inquiry has pushed back against claims that its investigators and evidence leaders will receive inflated pay packets.
Concerns had surfaced that junior lawyers were being lined up for higher-than-usual fees, risking the commission’s R147m budget being consumed before its six-month mandate is complete. But the inquiry, chaired by retired Constitutional Court judge Mbuyiseli Madlanga, says the figures are standard practice.
Commission spokesperson Jeremy Michaels explained:
“The commission is comfortable that the rates being paid to evidence leaders are reasonable and in line with the requirements of the legal sector code.”
He stressed that the structure — junior advocates earning two-thirds of what senior counsel receive — is long established across South African commissions.
Justice minister Mmamoloko Kubayi, however, told parliament this week that she remained concerned about the scale of the fees.
“The commission’s total budget sits at R147m for six months. A significant portion has been allocated to commissioners, evidence leaders and legal researchers,” she said in a written reply.
A source within the legal sector criticised the justification offered:
“Their argument for this deviation is that this is a specialised process requiring specialised skills, but what special experience is the team bringing? The minister is not happy about this — she wants it reviewed, because there’s simply no money.”
Another commission insider insisted critics were being misled:
“Junior counsel normally receive two-thirds of what is paid to senior counsel. It’s the normal going rate. Your sources are being very mischievous.”
State attorney rates, according to documents seen by the Sunday Times, range from R20,000 to R64,000 a day for senior counsel, with junior advocates billing between R7,000 and R47,000 depending on experience.
While Kubayi suggested the budget may require adjustments, Michaels highlighted the inquiry’s significance:
“The president has given the commission wide-ranging powers, including the ability to recommend suspensions, summon witnesses, compel documents, conduct search-and-seizure operations and refer matters for immediate prosecution.”
The commission’s first public hearings begin on Wednesday, with Lt Gen Nhlanhla Mkhwanazi expected to testify for several days. “We anticipate he will be in the witness box for at least three to four days, if not more,” Michaels added.
