An expert has warned that disruptions at the Madlanga Commission of Inquiry highlight a growing lack of trust in the state’s ability to protect witnesses, particularly in cases involving sensitive or high-risk testimony.
On Tuesday, the 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 that instead of continuing the live testimony, Witness X’s statement would be read into the record by the evidence leader.
Justice Mbuyiseli Madlanga said the decision was made with caution, stressing that while transparency remained vital, it could not come at the cost of witness 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.
Professor Andre Duvenhage, a political analyst from North West University, described the situation as a reflection of deep mistrust in South Africa’s criminal justice system.
“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,” Duvenhage said.
He questioned why KwaZulu-Natal Police Commissioner Lt-Gen Nhlanhla Mkhwanazi could testify openly while others feared doing so.
“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 and who may be implicated. I can understand the nervousness of people who would like to testify — what I cannot understand is the way Mkhwanazi is continuing his testimony, implicating people by name across the board,” he said.
Duvenhage also referenced unusual events since the commission began, including Crime Intelligence head Lt-Gen Dumisani Khumalo falling ill and the resignation of Advocate Terry Motau SC, one of the evidence leaders.
“This is a typical scenario where you have a mafia state at work, where legal processes are becoming problematic. Your criminal justice systems are not functioning properly,” he added.
He said that while a witness protection plan could be necessary for the safety of witnesses, it also exposed the lack of institutional trust.
“But we know that the level of trust within the institutions and among the elite is not very strong. This might also be a dangerous scenario, but at least a step in the right direction,” he said.
Meanwhile, the commission heard evidence of alleged corruption within the South African Police Service (SAPS), based on WhatsApp message exchanges implicating senior law enforcement officials.
The chats involved Vusimuzi “Cat” Matlala and high-ranking SAPS officials, revealing how Matlala allegedly benefited from confidential institutional information.
Analysis of chats between Matlala and Maj-Gen Lesetja Senona, head of the Directorate for Priority Crime Investigation (DPCI) in KwaZulu-Natal, took centre stage on Tuesday.
On May 13, Matlala forwarded a letter from the national commissioner to Senona regarding the termination of SAPS’s contract with Medicare24, a company owned by Matlala. The contract termination followed the awarding of a new three-year tender for health risk management services.
“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 in one of the messages.
According to evidence leader Adila Hassim, on February 6, Matlala sent Senona a secret recording of an internal SAPS audit meeting, indicating that a non-performance process had started.
The statement also revealed chats between Matlala and Suleiman Karim, a businessman and ANC member from the North West, who allegedly helped submit invoices related to the Medicare24 contract.
The chats included screenshots of internal SAPS finance software showing payment records for Medicare24 Tshwane.
In another message, Matlala told Karim that “Morgan was sorted,” possibly referring to Morgan Hangwani Maumela, with whom Matlala also communicated via WhatsApp.
An infographic presented to the commission illustrated money flows from Medicare24 to Tamiz Investments, and from there to Karim and Brown Mogotsi, a North West businessman allegedly linked to Police Minister Senzo Mchunu.
In one chat, Matlala expressed shock upon learning that the minister had initiated the probe against his company.
“I am shocked to hear that the minister is the one who instituted the probe against my company,” he wrote.
Witness X also testified that the Independent Police Investigative Directorate (Ipid) had investigated Ekurhuleni Metro Police acting chief Julius Mkhwanazi for allegedly registering private vehicles in the municipality and fitting Matlala’s cars with blue lights.
“There’s also further evidence implicating Mkhwanazi in unlawful activity that I will address during the in-camera hearing,” the witness stated.
Chats between Matlala and crime expert Calvin Rafadi dating back to December 2024 were also presented, showing a relationship where Rafadi allegedly received financial assistance from Matlala while promoting narratives in the media favourable to him.
The Madlanga Commission continues its hearings on Wednesday.
