The anonymous witness who was expected to testify in-camera at the Madlanga Commission will now deliver their testimony remotely and off-camera officials confirmed on Tuesday. 

The move underscores both the sensitivity of the witness’s testimony and the potential risks involved in revealing their identity.

Justice Mbuyiseli Madlanga, who presides over the Commission probing alleged corruption in the South African Police Service (SAPS), ruled that the testimony will proceed under strict protective measures.

The arrangement, finalised after intense discussions between legal teams, seeks to strike a critical balance between public transparency and witness safety.

The anonymous witness will not appear or speak on camera.

Instead, their responses to questions from the Commission’s evidence leaders will be repeated verbatim by a designated intermediary.

The intermediary’s voice will be broadcast live, and the witness’s anonymised statement, along with supporting exhibits, will be displayed in real time during the session.

A full transcript of the testimony will be made publicly available once the testimony concludes.

“This arrangement maximises both public access to the Commission and the security of the witness,” said Chief Evidence Leader Advocate Matthew Chaskalson SC.

“We’re dealing with evidence that relates to ongoing criminal investigations, and witness protection is paramount.”

Media houses, including IOL, have opposed the Commission’s application for partial closed sessions. 

However, through negotiation, both parties reached a consensus on the terms for this week’s testimonies, including those scheduled for Monday through Wednesday next week.

Disputes remain unresolved regarding another witness scheduled to testify on Thursday and Friday (October 16 to 17). Should talks fail, a fast-tracked legal timetable has been set.

The Commission expects to rule on the matter by the morning of Thursday, October 16.

According to the ruling, no further witnesses will be led in-camera unless the Commission receives a new application at least 72 hours before testimony – a stipulation aimed at ensuring procedural transparency.

Charles du Plessis, representing media interests through Philip de Klerk Attorneys, confirmed alignment with the Commission’s approach thus far.

The commission continues. 

kamogelo.moichela@iol.co.za 

IOL Politics

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