Madlanga Commission evidence leaders seek private hearing for intelligence testimony

The Madlanga Commission of Inquiry convened in Pretoria to hear legal arguments regarding whether the testimony of a top intelligence official should be kept entirely hidden from the public. Advocate Matthew Chaskalson, serving as the evidence leader, requested that the commission hold the proceedings for Dr Ntandazo Sifolo behind closed doors. Chaskalson argued that the documents Dr Sifolo intends to reference were only declassified specifically for the inquiry’s internal review and remain restricted from general public release under current national security protocol.

Dr Sifolo currently serves as the Acting Coordinator of the National Intelligence Coordinating Committee. His scheduled testimony is expected to provide critical insight into how state intelligence agencies coordinate their operations, how officials identify and report threats posed by organized crime, and the extent to which criminal syndicates may have infiltrated the broader justice system. Given the sensitive nature of these operations, the evidence leaders formally filed the application on 12 October to restrict public access to his appearance.

However, the request for secrecy met immediate resistance from prominent media organizations, including Media24, Daily Maverick, and the amaBhungane Centre for Investigative Journalism. Legal counsel representing the media houses, Advocate Ben Winks, countered that a total blackout of the testimony is unnecessary. Winks suggested that the commission could instead protect specific sensitive details while keeping the majority of the proceedings open to the public. He also highlighted that Dr Sifolo had previously declined an opportunity to review his statement to mark which specific sections required protection and explain why.

Presiding Chairperson Justice Mbuyiseli Madlanga ordered that the preliminary debate over public access take place in an open session, granting each side 45 minutes to outline their positions. The commission was established following serious public allegations raised by Lieutenant-General Nhlanhla Mkhwanazi regarding widespread corruption and political interference within law enforcement and judicial institutions. While the inquiry’s ongoing work has already resulted in several high-profile arrests and suspensions, media representatives insist that the public maintains a fundamental right to understand how state intelligence addressed these institutional threats. The commission’s upcoming ruling will set a clear precedent for how much sensitive intelligence material will be shared publicly as the hearings continue.

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