Madlanga Commission hears off-camera testimony from protected witness
The Madlanga Commission of Inquiry has resumed its hearings, with a protected witness known as Witness X testifying under a special arrangement designed to safeguard their identity and security.
This follows a ruling by the commission's chairperson, Justice Mbuyiseli Madlanga, after evidence leaders and lawyers representing News24 and Daily Maverick reached agreement on the terms under which certain witnesses will testify.
Chief Evidence Leader Advocate Matthew Chaskalson told the commission that the agreement aims to “maximise the public’s access to the Commission while also maximising the security of witnesses and addressing concerns about the disclosure of evidence relating to ongoing investigations.”
For Tuesday and Wednesday, Witness X will testify remotely and off camera.
The witness’s face and voice will not be seen or heard.
Instead, Advocate Thabang Pooe will act as an intermediary, hearing the witness’s responses privately through headphones and then repeating the answers aloud for the record.
“All exhibits referred to by the witness will be displayed on the live feed, and once the testimony concludes, the transcript will be made publicly available,just as all other transcripts are,” Chaskalson explained. “In essence, the only elements withheld from the public are the witness’s face and voice.”
The same setup will apply to one of three witnesses scheduled to testify between Monday and Wednesday next week.
The other two will also appear off camera but have agreed for their voices to be heard.
However, Chaskalson said there remains an unresolved dispute over a witness due to appear on Thursday and Friday, whose testimony is linked to active criminal investigations.
Both sides have until Wednesday to finalise their submissions.
If no agreement is reached, evidence leaders and media lawyers will file written arguments, and the Commission will deliver a ruling before Thursday’s session.
Justice Madlanga confirmed the arrangement, saying the commission will adjourn and await the filings before issuing a ruling on the outstanding matter.
Chaskalson added that, apart from the five witnesses covered by the current ruling, the commission will not seek to lead any other witnesses in camera without filing a new application and providing 72 hours’ public notice.
The new arrangement follows the commission’s in-camera application heard earlier this week, in which evidence leaders sought permission for certain witnesses to testify privately.
Chaskalson argued at the time that the request was necessary to protect witnesses’ safety, preserve ongoing criminal investigations, safeguard confidential police methods, and shield informants and whistle-blowers whose cooperation is vital to law enforcement.
He told the commission that several witnesses faced documented threats linked to investigations into organised crime, and that public exposure “could lead to intimidation, retaliation, or physical harm".
Chaskalson added that some testimony “concerns ongoing criminal investigations which could be compromised if heard publicly,” while others relate to internal SAPS operational methods that must remain confidential.
He also emphasised the need to protect informants who “risk their lives to provide information to investigators.”
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