Advocate Terry Motau SC has broken his silence on his abrupt resignation as chief evidence leader at Justice Mbuyiseli Madlanga’s commission of inquiry, citing persistent frustrations and a lack of progress as the main reasons behind his decision.
Motau, a respected senior counsel with decades of courtroom experience, was appointed earlier this year to spearhead the evidence-gathering process at the commission. However, less than six months into the role, he tendered his resignation, leaving questions around the inquiry’s stability and credibility.
Speaking in a candid interview, Motau admitted that the working environment had become untenable. “For me, nothing was working,” he said. “I tried to steer the process in a direction that would allow us to build a strong and credible case file, but the challenges were simply overwhelming. At some point, one has to accept that continuing would be futile.”
Insiders close to the commission have pointed to ongoing tensions between the evidence team and the commission’s secretariat, as well as bureaucratic delays that slowed down critical investigations. Motau did not disclose specific disputes but suggested there were irreconcilable differences in approach.
His departure comes at a delicate time for the inquiry, which is tasked with probing allegations of corruption and maladministration in state institutions. Critics warn that the resignation of such a high-profile figure could set back timelines and undermine public confidence.
The commission has yet to announce a successor, but sources indicate that discussions are underway to appoint another senior legal practitioner to assume the role. Justice Madlanga’s office has expressed appreciation for Motau’s contributions, while assuring the public that the inquiry’s mandate will not be derailed.
Legal analysts note that Motau’s exit mirrors similar challenges faced in other commissions of inquiry, where political sensitivities, administrative hurdles, and resource constraints have frequently frustrated progress. “It highlights the systemic difficulties of such investigations in South Africa,” said governance expert Professor Thandi Maseko. “The work requires independence and efficiency, but too often it gets caught in institutional gridlock.”
For Motau, the decision to step away was not taken lightly, but he remains firm in his conviction. “I serve the law and the public interest,” he said. “When circumstances make it impossible to fulfill that duty, the only ethical course is to withdraw.”
As the commission regroups, attention will turn to whether a new evidence leader can restore momentum and credibility to the process.
