Madlanga Commission disputes intelligence testimony access

The Madlanga Commission of Inquiry is facing a legal dispute over whether the testimony of Dr. Ntandazo Sifolo, the acting coordinator of the National Intelligence Co-ordinating Committee (Nicoc), should be heard in public or behind closed doors.

Evidence leader Matthew Chaskalson SC argued that the commission lacks the legal authority to override restrictions on classified intelligence documents, asserting that only the High Court can order such disclosures. Chaskalson noted that while certain documents were declassified for the commission's internal use, their authorization expressly prohibits public dissemination. The testimony is expected to cover hundreds of pages of classified material, including national intelligence estimates and reports from 2022 to 2025, regarding organized crime and intelligence coordination.

Media organizations, including Media24, Daily Maverick, and the amaBhungane Centre for Investigative Journalism, have resisted a total blackout of the proceedings. Legal counsel for the media houses suggested that the commission could protect specific sensitive details while keeping the majority of the testimony open to the public to ensure accountability.