The hearings of the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System – known as the Madlanga Commission – are expected to commence next week.
The commission, chaired by Justice Mbuyiseli Madlanga, was initially scheduled to begin hearings at the beginning of this month, but was postponed due to delays in the procurement of vital ICT infrastructure.
“Since President Cyril Ramaphosa formally proclaimed the [commission] by way of
government gazette…we’ve made significant progress in establishing the commission, while simultaneously conducting investigations into the allegations made by [KwaZulu-Natal Police Commissioner] Lieutenant General Nhlanhla Mkhwanazi and we’ve also been consulting witnesses.“The commission’s senior team…are seized with preparations for the commencement of the commission’s hearings next Wednesday,” Commission spokesperson, Jeremy Michaels, told a media briefing on Monday.
The spokesperson assured that the challenges experienced which delayed the hearings are now resolved.
“Working together with the Department of Justice and Constitutional Development [DJCOD], which has the legal mandate in assisting commissions of inquiry in setting up, we have taken delivery of most of the physical and ICT infrastructure. Most of our staff have now been trained on the systems and they have conducted tests to ensure that the hardware and software are fit for purpose, which indeed they are.
“The ICT systems which have been procured include a cybersecurity solution, a secure internet connection and a live streaming service, as well as transcription and stenography services, amongst others.
“In addition, we have onboarded a confidential reporting hotline for receiving reports from the public. The hotline consists of a number of platforms, including a telephone line where members of the public can confidentially talk to an operator and offer the commission information related to the terms of reference,” Michaels said.
The commission can be reached at madlangacommission@behonest.co.za or 0800 111 369.
Giving evidence
While awaiting the setup of the ICT infrastructure, Michaels said the commission’s work has been “advancing steadily”, and the commission’s evidence leaders and investigators have been in consultation with witnesses and are following up on information within the commission’s terms of reference.
Michaels revealed that Lieutenant General Nhlanhla Mkhwanazi will be the commission's first witness.
The commission’s evidence leader, Advocate Matthew Chaskalson SC, warned that due to the sensitive nature of the commission’s work, some witnesses may give evidence in camera, while others’ statements may not be revealed in public to protect their identities.
“What [the commission] has to investigate is allegations that organised criminal syndicates have infiltrated the SAPS and other organs of state involved in policing and public safety…and some of the evidence we gather, will include evidence from undercover agents. If the identity of those people is disclosed, there is a very real risk that they will be killed.
“While we are committed to transparency, we have to prioritise the protection of human life at all costs. Unless we can make evidence available in a form that’s not going to put human life at risk, we can’t do that.
“So, this is not an analogise situation to that faced by the Zondo Commission. We sit in a much more extreme situation, and our first commitment must always be to the protection of human life,” he said.
The commission’s hearings will be held in the main auditorium at the Brigitte Mabandla Justice College in Tshwane. – SAnews.gov.za
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