By Lehlohonolo Lehana.
The Madlanga Commission of Inquiry resumed its sitting in Pretoria on Monday, following a weeklong break, after an abrupt adjournment due to SAPS crime intelligence head Dumisani Khumalo’s ill health.
The commission was expected to rule on an application for a witness to have highly confidential testimony heard in-camera.
“In view of the nature of the evidence to be presented when the hearings resume, the evidence leaders will apply for the hearings to be conducted in a closed session at which the media and members of the public will not be allowed, “the commission said.
However, two media houses decided to challenge the application to hold testimony in-camera.
Chief Evidence Leader, Adv. Matthew Chaskalson SC confirmed that the evidence leaders and commissioners have agreed to submit their response by 9pm on Monday.
The submission will include any written argument intended to assist the commission in its deliberations.
Chaskalson further indicated that the media houses’ legal team, led by Charles du Plessis of Philip de Klerk Attorneys, has been asked to file any written submissions by the same deadline.
Du Plessis argues that the fact that the media has been given no indication as to the identity of the witnesses to be protected “gives insufficient regard to the need to balance openness with protection of the integrity of the commission’s work”.
The compromise suggested by the media applicants is that Justice Mbuyiseli Madlanga not grant the entire closure of the proceedings between 13 and 17 October, but make the decision on a case-by-case basis depending on the witnesses, said Du Plessis.
In addition, they have asked Justice Madlanga to require the commission to release the transcripts, together with any relevant evidence, “redacted only to the extent strictly required”, before it submits its final report.
Justice Madlanga said he would give the media houses and the commission’s evidence leaders until 9 pm on Monday to file their written arguments.
“We will adjourn and await,” Madlanga said.
Justice Madlanga and his co-commissioners, Sesi Baloyi and Sandile Khumalo, will then consider the arguments, with the commission due to resume at 9.30am on Tuesday, 12 October 2025.
The inquiry continues to investigate alleged political interference, criminality, and corruption within South Africa’s criminal justice system, issues seen as central to restoring public trust in law enforcement institutions.
To date, five witnesses have testified before the commission, including Khumalo; KwaZulu-Natal (KZN) police commissioner Nhlanhla Mkhwanazi; National police commissioner Fannie Masemola; and Petronella Margaretha van Rooyen, head of legal services in the police.
KZN Director of Public Prosecutions (DPP), Elaine Harrison, has also given her evidence.
Most of the witnesses have corroborated one another’s evidence, confirming that Police Minister Senzo Mchunu’s directive to disband the Political Killings Task Team (PKTT) exceeded his mandate.