The Madlanga commission of inquiry into allegations of criminality, political interference and corruption in the criminal justice system has expressed satisfaction with how much their investigators and evidence leaders will be paid — more than R64m within six months.
This follows government concerns that attempts had been made for them to be paid more than the normal rates.
The commission, chaired by retired Constitutional Court judge Mbuyiseli Madlanga, has been rocked by allegations made just days before its first public hearings that there were attempts to ensure its junior legal representatives were paid more than the prescribed amounts. But the commission dismissed these claims, saying the sources were misinformed.
The allegations included that there had been a push for junior advocates to be paid two-thirds of the fees senior counsel would receive. There are concerns that at these rates the budget for the commission would be spent before it had finished its work.
But the commission this week dismissed these claims, saying a rate of two-thirds of the fees paid to senior counsel was normal for commissions of this nature.
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.
— Jeremy Michaels, commission spokesperson
Justice minister Mmamoloko Kubayi told parliament this week that the commission’s total budget sat at R147m for its envisioned duration of six months. However, this fee was expected to increase, as the commission was unlikely to conclude its work within six months.
In a written reply to parliamentary questions, Kubayi said the commissioners, evidence leaders and legal researchers would be paid a hefty chunk of the overall budget. An amount of R78m has been set aside for operational logistics, and less than R5m for support staff.
Information at the Sunday Times’ disposal indicates that the state attorney pays senior counsel between R20,000 and R64,000 a day, depending on their level of experience. Junior advocates can claim anything between R7,000 and R47,000 a day, depending on experience.
According to commission insiders, the daily fees for commissions of inquiry have always been above the normal rate, and at present junior advocates receive two-thirds of what is paid to senior counsel.
A source said: “Their argument for this deviation is that this is a specialised process requiring specialised skills, but what special experience is the team bringing? It looks like they got what they wanted, but the minister is not happy about this. She wants this thing to be reviewed, because she knows there’s no money. So the solicitor-general must explain why he approved this thing.”
The commission’s spokesperson, Jeremy Michaels, dismissed the allegations, saying the rates were standard ones. “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 said.
Acting solicitor-general Felix Mbeki said he was not allowed to speak to the media and referred the Sunday Times to the department of justice. Kubayi’s office had not responded to requests for comment at the time of publication.
The Madlanga commission has been described as one of the few inquiries that will have teeth, because of its wide-ranging terms of reference. It will have the power to immediately recommend prosecutions based on the strength of the evidence before it. This, according to those with the relevant knowledge, will be done as and when the evidence arises, and will not be delayed until the conclusion of proceedings.
“The president has also given the commission significant powers as [set out] in the terms of reference. The commission has wide-ranging powers to make findings and recommendations in conducting its inquiry, including the power to recommend the suspension of officials pending further investigations, summon witnesses and compel the production of documents, conduct search and seizure operations, and refer matters for immediate criminal investigation and urgent decisions on prosecutions,” Michaels said.
He said Lt-Gen Nhlanhla Mkhwanazi will be the commission's first witness when it begins its work on Wednesday. “Lt-Gen Nhlanhla Mkhwanazi will be the first witness to take the stand, and we anticipate he will be in the witness box for at least three to four days, if not more. Lt-Gen Mkhwanazi will be followed by a long list of other witnesses.”
Michaels said the commission had made sure witnesses would be safe when they appeared at the inquiry, given the explosive nature of the allegations made.
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