Labour Court dismisses DG's attempt to halt disciplinary hearing for delaying Madlanga inquiry
Director-General Doctor Mashabane was suspended for delaying the Madlanga Commission of Inquiry.
Image: File
The Labour Court in Johannesburg has dismissed an urgent application by the Director-General of the Department of Justice and Constitutional Development to stop ongoing disciplinary proceedings against him, ruling that it lacked jurisdiction to intervene.
Doctor Mashabane, who has served in the public service for more than 20 years, was appointed Director-General in March 2021 on a five-year contract set to expire at the end of February 2026 - the same month he is expected to be answering to the charges against him.
The hearing is expected to be heard on February 2, 3, 4, 11, 12, and 13.
The disciplinary proceedings stem from delays in establishing two presidential commissions of inquiry, one chaired by Justice Khampepe, and the other by Justice Madlanga, which was tasked with probing allegations of political interference in the criminal justice system.
Mashabane faces disciplinary action alongside his deputy, Jabu Hlatshwayo.
Following the delays, the President Cyril Ramaphosa authorised disciplinary action against Mashabane in August 2025 and delegated oversight of the process to the Minister of Justice, Thembi Kubayi.
Mashabane was placed on precautionary suspension shortly thereafter. After he raised concerns about bias and potential conflicts of interest, the President withdrew the delegation from Kubayi and reassigned responsibility for the disciplinary process to the Minister of Transport, Barbara Creecy.
Mashabane argued that the change in delegation required the disciplinary process to start afresh and that the continued involvement of the chairperson and legal initiators originally appointed under the first delegation rendered the proceedings unlawful. He also challenged the extension of his suspension by the chairperson of the disciplinary hearing, Professor Taki Madima
However, acting Judge Sean Snyman criticised Mashabane's application as a common attempt by senior public officials to use urgent court applications to delay or derail internal disciplinary processes. The court found that the application was an abuse of process and should never have been pursued.
Furthermore, the judge said the Labour Court did not have jurisdiction to grant the relief sought. He also emphasised that the Labour Court does not have general authority to intervene in incomplete disciplinary proceedings, particularly where an applicant bases their case on allegations of unlawfulness rather than rights conferred by the Labour Relations Act (LRA).
The court ruled that urgent, final intervention on review while a disciplinary process is still underway is only permissible in exceptional circumstances. Mashabane had failed to demonstrate such circumstances, particularly given that ordinary labour law remedies remained available to him.
The court also dismissed Mashabane’s challenge to his suspension, stating that claims of unlawful suspension fall outside the court’s jurisdiction and must instead be pursued as unfair labour practice disputes through the relevant bargaining council.
In closing, Judge Snyman condemned the application as part of a pattern of “Stalingrad tactics” used by senior public servants to obstruct disciplinary accountability. He said such litigation undermines the objectives of the LRA, wastes judicial resources, and places unnecessary financial strain on government departments.
The application was dismissed in its entirety, with costs awarded against Mashabane.
sinenhlanhla.masilela@iol.co.za
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