By Lehlohonolo Lehana.
An urgent High Court application was launched at the eleventh hour to prevent Witness F from testifying at the Madlanga Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System.
Witness F, a member of Gauteng Organised Crime, was meant to begin with his testimony on Tuesday morning but his attorney, Hartley Ngoato, brought another application to have his client’s testimony postponed.
The Madlanga Commission of Inquiry adjourned briefly to allow the necessary arrangements to be made to have Witness F testify remotely.
Ngoato claims that certain WhatsApp chats that implicate his client, which the commission is relying on as evidence, are driving a certain narrative and are not contextualised.
This formed the basis of an urgent application filed in the High Court by Ngoato.
Commission chair Justice Mbuyiseli Madlanga asked Witness F, testifying remotely, about his stance on the matter.
“I want to hear it from you, whether you also confirm that you will not participate? Witness F responded, “I confirm, commissioner.”
Madlanga cautioned the witness that there are criminal implications under the Commissions Act if he refuses to answer questions.
Madlanga then refused the application and made the following order: “One, the application for a postponement is refused. Two, the evidence leaders are granted leave to present as evidence the WhatsApp chats that relate to Witness F, and where necessary, to comment on them.”
WhatsApp messages, screenshots and voice notes presented to the Commission have raised serious questions about the conduct of a police officer and possible interference in a murder investigation, alleged firearms dealings, and links to an underworld figure.
At the centre of the evidence are communications involving Witness F, alleged underworld figure Vusimuzi ‘Cat’ Matlala, suspended deputy police commissioner Shadrack Sibiya, and an alleged relative of the late Deputy President David ‘DD’ Mabuza.
The commission examined WhatsApp messages between Witness F and businessman Siphiwe Mabuza, who allegedly approached the police officer offering to sell 750 firearms.
Witness F testified off camera about his interactions with the alleged unregistered gun dealer.
WhatsApp chats extracted from Witness F’s phone revealed the conversation with a contact saved as the late Deputy President David Mabuza.
However, Witness F told the Commission that he was not communicating with the late deputy president, but with Mabuza’s alleged nephew, Siphiwe Mabuza.
When asked why the contact was saved under the deputy president’s name, Witness F explained that Siphiwe was obsessed with his uncle and frequently spoke about him, prompting him to store the number in that manner.
Witness F further testified that illegal firearms typically have a street value of about R2,500 each, but denied that the weapons he was approached about were illegal.
He claimed that because Mabuza knew he was a police officer, he would not have attempted to sell him illegal firearms.
Witness F also testified under oath that Matlala had previously enquired about a domestic abuse case opened by one of his employees and wanted it dealt with urgently, claiming officers handling the matter were “dragging their feet”.
He told the commission the screenshot was meant to show that the case had since been reassigned to new officers who would handle it more efficiently.
However, the commission’s evidence leader, Matthew Chaskalson, accused Witness F of misleading the inquiry, saying evidence showed the matter was in fact the murder of Kabelo Richard Mathe in Mamelodi’s Sector 1, where at least 50 cartridges were found at the crime scene.
Witness F distanced himself from the murder case, insisting he had no knowledge of it.
Additional WhatsApp exchanges between Sibiya, Witness F, and Matlala also featured prominently during proceedings.
Among the messages is a voice note from an unidentified man sent to Matlala, requesting a pin-drop location for the delivery of “impalas”.
The commission heard that the voice note was forwarded by Matlala to Witness F, who then relayed it to Sibiya — a sequence that appears to support earlier testimony that Matlala purchased 20 impalas for the suspended police general.
When questioned about why Matlala would arrange for wildlife to be delivered to Sibiya, Witness F invoked his right to remain silent.
Witness F later claimed that Matlala may have sent the voice note to him because Sibiya’s phone was switched off at the time, prompting him to act as an intermediary.
Meanwhile judgement has been reserved in the matter involving North West businessman Suliman Carrim’s bid to not testify at the Commission.
The ANC member launched an urgent application to the Gauteng High Court in Johannesburg on Monday seeking to prevent the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System from compelling his testimony.
Carrim is scheduled to appear before the commission on Friday, February 6.
Responding to the application, commission chairperson Madlanga told the high court that Carrim has failed to establish valid grounds for urgency.
“The application is an abuse of process, and any urgency faced by Carrim is self-created,” he said.
Carrim was implicated in testimony before the Madlanga commission by “Witness X”, on his alleged relationship with Matlala, and Brown Mogotsi.
The allegations centre on claims that he sought to influence suspended police minister Senzo Mchunu regarding a controversial R360 million South African Police Service tender.