Justice Minister Kubayi reveals R35 Million paid to suspended officials over five years

Justice and Constitutional Development Minister Mmamoloko Kubayi has disclosed that over R35 million was paid to suspended employees within her department over the past five financial years. This revelation came in response to a parliamentary inquiry by RISE Mzansi MP Songezo Zibi, who sought details on the reasons for suspensions, expected timelines for disciplinary hearings, and monthly payments made during suspensions.

Minister Kubayi explained that during the third quarter of 2024, 22 employees were suspended. Ten of these suspensions were related to financial misconduct and maladministration, based on the Special Investigating Unit (SIU) report under Proclamation 7 of 2020 and the Forensic Audit Unit (FAU) of the Department of Justice and Constitutional Development (DOJ&CD). The remaining twelve employees were suspended for various offenses, including assault, bribery, corruption, fraud, gross dishonesty, insubordination, unethical behavior, and unbecoming conduct.

According to Minister Kubayi, the Public Service Coordinating Bargaining Council (PSCBC) Resolution 1 of 2003 and Chapter 7 of the Senior Management Service (SMS) Handbook stipulate that precautionary suspensions should be reasonable, justified, and not exceed 60 days. However, she acknowledged that the expected conclusion dates for these disciplinary cases depend on various factors, including the complexity of the case, further investigations to support the allegations, and the securing of witnesses.

Regarding the progress of disciplinary cases, Minister Kubayi reported that 11 out of the 22 cases had been concluded. Of these, four matters were concluded in February 2025, one in March, one in April, and five in May. She added that one corruption case was concluded but was subjected to a review by the DOJCD during 2024, while another for maladministration was awaiting a sanction after a guilty verdict, with the disciplinary process expected to conclude before the end of June 2025.

Two matters were postponed sine die to allow the internal Forensic Audit Unit (FAU) to complete investigations based on new allegations, with reports expected before the end of June 2025. Two other matters are being handled in terms of Section 188A of the Labour Relations Act under the auspices of the General Public Service Sector Bargaining Council (GPSSBC), while one fraud case is due to commence after procurement processes to secure a presiding officer, described as a complex legal matter which may require a legal person.

Minister Kubayi outlined the salary range of employees during their suspension, noting that three employees were paid a gross of R16,000 to R19,000 per month, four employees received R20,000 to R23,000 per month, one employee was paid R35,000, three employees received R42,000 to R46,000 per month, two employees were paid R74,000 to R79,000 per month, five employees received R81,000 to R87,000 per month, three employees were paid R97,000 to R105,000 per month, and one employee received R133,000 per month.

Looking at suspensions over the past five years, Minister Kubayi stated that a total of 59 employees were suspended, with payments amounting to R35,310,106.74. She noted that 11 finalized suspensions were within 60 days, 31 of finalized suspensions were outside 60 days, 10 of 42 finalized suspensions took up to 300 days, and the remaining 11 of 17 not finalized suspensions are outside 60 days.

The disclosure has raised concerns about the efficiency and effectiveness of disciplinary processes within the Department of Justice and Constitutional Development, with calls for reforms to expedite proceedings and ensure accountability.