Minister of Justice and Constitutional Development Mmamoloko Kubayi has confirmed that her department spent more than R35 million on salaries for suspended employees over the past five financial years.
Kubayi made the revelation in response to a parliamentary question from RISE Mzansi MP Songezo Zibi, who sought clarity on the reasons for the suspensions, the expected timelines for disciplinary hearings, and details of the monthly payments made to those on suspension.
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According to Kubayi, during the third quarter of 2024, 22 officials were on suspension. Of these, ten were facing allegations of “financial misconduct and maladministration based on the SIU report proclamation 7 of 2020 and the Forensic Audit Unit (FAU) of the Department of Justice and Constitutional Development (DOJ&CD).”
The remaining twelve were accused of offences ranging from assault, bribery, and corruption to fraud, gross dishonesty, insubordination, unethical behaviour, and unbecoming conduct.
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Justice Department: R35 Million Spent on Suspended Officials Over Five Years
Kubayi noted that “the provisions by the PSCBC Resolution 1 of 2003 and chapter 7 of the SMS handbook require that precautionary suspension should be reasonable and justified and not exceed 60 days.”
However, she admitted that the timeframes for resolving disciplinary matters vary depending on “the complexity of the case, further investigations to support the allegations, and the securing of witnesses”.
The minister reported that “11 out of the 22 cases” had been concluded, including four in February 2025, one in March, one in April, and five in May. One corruption case, though concluded, was “subjected to a review by the DOJCD during 2024,” while another case involving maladministration was “awaiting a sanction after a guilty verdict,” expected to be finalised 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 due before June 2025.
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Additionally, two cases are being processed “under the auspices of the General Public Service Sector Bargaining Council (GPSSBC)” in line with section 188A of the Labour Relations Act. One complex fraud case is still pending due to procurement processes for appointing a presiding officer.
Breakdown of Salary Payments During Suspensions
Kubayi detailed the salary ranges of suspended employees, revealing that three officials received between R16,000 and R19,000 per month, while four others earned between R20,000 and R23,000.
One employee was paid R35,000, three received between R42,000 and R46,000, and two were paid between R74,000 and R79,000 monthly.
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She further noted that “five employees were paid the gross of R81K to R87K per month, three employees were paid the gross of R97K to R105K per month, and one employee is paid the gross of R133K per month.”
Over the last five years, a total of 59 employees were suspended, amounting to payments of R35,310,106.74. Of the 42 finalised suspensions, Kubayi said “11 were within 60 days, 31 exceeded 60 days, while 10 took up to 300 days.” She added that “11 of 17 pending suspensions are outside the 60-day timeframe.”
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