“Stalingrad Tactics”: Labour Court Slams DG’s Bid to Stop Disciplinary Hearing Over Inquiry Delays

In a scathing judgment that condemned the use of legal maneuvers to evade accountability, the Labour Court in Johannesburg has dismissed an urgent application by Doctor Mashabane, the Director-General of the Department of Justice, to halt his ongoing disciplinary hearing. The court ruled it had no jurisdiction to intervene and labelled the attempt a common abuse of process by senior officials.

Mashabane, whose five-year term ends in February 2026, faces disciplinary action for his alleged role in the delays in establishing two critical presidential commissions of inquiry. One, chaired by Justice Madlanga, was tasked with probing allegations of political interference in the criminal justice systemthe very delays that have now led to Mashabane’s own disciplinary process, set to begin on 2 February.

A Delegation Shuffle and a Claim of Unlawfulness

The case took several bureaucratic twists. After President Cyril Ramaphosa authorised action in August 2025, oversight was initially delegated to Justice Minister Thembi Kubayi. Mashabane was placed on precautionary suspension but raised concerns about bias. The President then reassigned the matter to Transport Minister Barbara Creecy.

Mashabane argued this change meant the process had to restart with new appointees. He contended that continuing with the original chairperson and initiator was unlawful and also challenged the extension of his suspension.

Court Condemns “Stalingrad Tactics”

Acting Judge Sean Snyman was unequivocal in his dismissal. He criticised the application as part of a pattern of “Stalingrad tactics”a reference to drawn-out, obstructive legal warfareused by senior public servants to derail disciplinary processes. The judge stated such litigation “undermines the objectives of the Labour Relations Act, wastes judicial resources, and places unnecessary financial strain on government departments.”

The court found it lacked jurisdiction to grant the relief Mashabane sought, emphasising that it cannot generally intervene in incomplete internal proceedings, especially when based on claims of unlawfulness rather than specific labour rights. Judge Snyman noted that Mashabane had other legal avenues and failed to demonstrate the “exceptional circumstances” required for such an urgent interruption.

The application was dismissed in its entirety, with costs awarded against Mashabane. The ruling clears the way for the disciplinary hearing to proceed this month, ensuring that the top official tasked with facilitating an inquiry into state interference will now himself answer for delays that allegedly hampered that very investigation. For a public weary of accountability delayed, the court’s message was clear: the hearing must go on.

{Source: IOL}

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