An expert has warned that recent disruptions at the Madlanga commission highlight a deeper lack of trust in the state’s ability to protect witnesses, especially in cases involving sensitive or high-risk testimony.
On Tuesday, the Madlanga commission halted proceedings for Witness X, who was testifying remotely, off camera and with the help of an intermediary due to security concerns.
The commission decided to stop the proceedings with the witness and instead have the evidence tendered in a different format, where the evidence leader reads Witness X’s statement into the record.
Justice Mbuyiseli Madlanga said the decision to suspend proceedings and alter the format of the testimony was not taken lightly and emphasised that while transparency was a key value of the commission, it could not come at the expense of a witness’s safety.
“Transparency cannot be at the risk of endangering the safety of Witness X. Thus we must adopt a different format on how Witness X’s evidence must be tendered,” Madlanga ruled.
North West University political analyst Prof Andre Duvenhage said it is problematic if witnesses are not prepared to come out in the open.
“In other words, they do not trust the criminal justice system and the bigger political system to safeguard them from what may be happening. People are arguing whether we are a mafia state or a weak state. Clearly, we are already there and at the core of the problem.”
“This is a very serious situation. You cannot find it difficult to testify in the open under your own name because of the risk that might be involved in this process,” he said.
Duvenhage questioned why KwaZulu-Natal commissioner Lt-Gen Nhlanhla Mkhwanazi could speak out while others are afraid to do so openly.
“It is clear that everything is not above board, and as we talk about the shallow state, it is clear that the shallow state is becoming very nervous about what may be said, what might be implicated and who may be implicated in this regard.
“I can understand the nervousness of people who would like to testify ― what I cannot understand in the same sense is the way Mkhwanazi is continuing his testimony, with a straight face, shooting straight, implicating people by name across the board,” he said.
He also pointed to strange events that have occurred since the commission began, including crime intelligence head Lt-Gen Dumisani Khumalo falling ill and one of the evidence leaders, Adv Terry Motau SC, resigning.
“This is a typical scenario where you have a mafia state at work, where legal processes are becoming problematic. Where your criminal justice systems are not functioning in a way that reminds me of what we have seen with police smuggling witnesses to testify,” Duvenhage said.
Duvenhage said if necessary, for the safety of witnesses, they need to use a witness protection plan.
“But we know that has implications, and we know that the level of trust within the institutions and among the elite is not very strong, but this might also be a dangerous scenario, but a step at least in the right direction,” he said.
A series of WhatsApp message exchanges have implicated senior law enforcement officials in alleged corruption, tender irregularities and potential misconduct within the South African Police Services.
The analysis of chats presented to the commission of accused Vusimuzi “Cat” Matlala and high-ranking SAPS officials has revealed how he benefited from confidential institutional and other information within the SAPS.
The commission is investigating allegations of criminality, corruption and political interference in the justice system.
Analysis of chats between Matlala and head of DPCI in KZN, Maj-Gen Lesetja Senona, took centre stage at the Madlanga commission on Tuesday.
Chats between Matlala and Senona showed the exchange of information, including confidential SAPS information.
On May 13, Matlala forwarded a letter from the national commissioner to Senona, which was addressed to the operational director of Medicare24, terminating the contract between SAPS and the company. The termination followed the awarding of a new tender for the supply of health risk management services to SAPS for three years.
“This is so sad, and it leaves one with no choice but to seek legal advice on this issue with a view to challenging this decision,” Senona replied.
Evidence leader Adila Hassim, reading the witness statement, said on February 6, Matlala sent Senona a video clip which appears to be a secret recording of an internal audit meeting within SAPS in which the speaker is heard to say that the non-performance process has started.
According to the witness, the contract in question appeared to be that of Matlala’s company, Medicare24 Tshwane, where he is a sole shareholder.
The witness statement also analysed WhatsApp messages between Matlala and Suleiman Karim, a businessman and ANC member from North West.
According to the witness, Matlala relied on Karim for the submission of invoices in relation to his Medicare24 contract with SAPS.
The chats showed a conversation where Matlala forwarded Karim a screenshot of an internal SAPS finance software screen, which captures payments of invoices by a supplier. The screenshot reflects the supplier as Medicare24 Tshwane and lists payment dates and amounts paid to the supplier.
In another chat, on February 4, Matlala messaged Karim, stating that Morgan was sorted, possibly referring to Morgan Hangwani Maumela, with whom Matlala also communicates on WhatsApp.
The witness statement included infographics illustrating financial transactions.
The infographic showed payments made from Medicare24 to Tamiz Investments, followed by outgoing payments from Tamiz Investments to Karim and controversial North West businessman Brown Mogotsi, among others.
The witness indicated that the links between these parties would be explained during their oral evidence.
In one of the chats, Matlala expressed shock that the minister was responsible for the probe against his company, and the national commissioner was ordered to terminate the contract with Medicare24 Tshwane.
“I am shocked to hear that the minister is the one who instituted the probe against my company,” read his text.
The witness also analysed chats between Matlala and the Ekurhuleni Metro Police Department acting chief Julius Mkhwanazi.
Witness X said they were aware that the Independent Police Investigative Directorate (Ipid) conducted an investigation into allegations that Mkhwanazi unlawfully registered private vehicles in the municipality and fitted vehicles belonging to Matlala with blue lights.
The witness said the findings and recommendations can be addressed by the relevant investigators at Ipid, who were responsible for preparing the report.
“There’s also further evidence implicating Mkhwanazi in unlawful activity that I will address during the in-camera hearing,” read the witness statement.
Chats between Matlala and crime expert Calvin Rafadi, dating back to December 12 2024, also came into the spotlight, where their beneficial relationship was highlighted.
In the chats, Rafadi makes repeated requests for assistance with petrol and other financial help from Matlala. According to the witness statement, Rafadi returned the favour by contributing to a media narrative that suits Matlala regarding the political killings task team.
The hearings will continue on Wednesday.
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