Warning that Motau exit could impact trust in Madlanga Commission
A legal expert has weighed in on Advocate Terry Motau's withdrawal as the Madlanga Commission's chief evidence leader.
Reports of Motau's departure, which emerged over the weekend, were confirmed on Tuesday.
The advocate confirmed to News24 that he withdrew from the commission before it began, citing unforeseen circumstances.
He highlighted poor planning around how the R147 million budget would be allocated for staff and operations, saying he feared a repeat of the Zondo Commission, where costs were exceeded.
He told the publication he could be held accountable if the budget is overspent.
In the interview, Motau added that he had agreed with the chairperson to wrap up his duties, which included an opening address and leading National Commissioner Fannie Masemola's evidence, before departing.
Elton Hart, an attorney at the University of Johannesburg's Law Clinic, says administrative or planning issues could affect public trust in the commission and its work.
“Not to say we are invalidating the evidence that is led before the commission, but it is to say that it is going to be one of those commissions again that won't have bite, and nothing is going to come from it. It creates that thing in the back of the head of people watching what's unfolding.
“What is coming out of the Madlanga Commission is scary, and if this is what is happening, I’m worried that we might not actually understand the magnitude of what is facing us as a country.”
Hart says talk about possible budget issues could hurt the process.
“Advocate Motau knew from the 11th of September already that he was not happy with how things were going. He could have gotten these things sorted out around or even before the start of the commission, with how he is now suggesting in the interviews.
“These problems are going to persist irrespective of his being or not being there. He could have highlighted these and sought clarity before the commission commenced.”
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