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Madonsela is expected to submit her final report on this investigation soon.
With regard to Madonsela’s activities while an SALRC commissioner, The Star has established that, as early as September 2009, the opinion of the office of the state law adviser was sought by the Department of Justice in relation to Madonsela’s activities.
The office of the state law adviser was of the opinion that public service regulations, in terms of which Madonsela could have been disciplined, did not apply to members of the SALRC.
The Department of Justice was given the option of approaching the Public Protector’s Office or reporting the matter to the law-enforcement agencies for an investigation for possible contravention of section 17(1) of the Prevention of Corrupt Activities Act.
Sources told The Star that the police stumbled on information on Madonsela while investigating a separate case registered at the Pretoria Central police station.
The information was acted upon only in February this year, when the investigating officer, a police colonel, submitted a memorandum to the head of commercial crime, disclosing his finding.
Justice Minister Jeff Radebe, through his spokesman Tlali Tlali, confirmed a departmental inquiry.
“We have initiated an inquiry into the matter from the time we became aware of it,” Tlali said.