The Madlanga Commission postponed its inquiry indefinitely this week after a dispute over classified intelligence documents forced the probe to confront the limits of its own transparency.
No witnesses testified publicly during the week of 19 to 23 October, with the commission’s sole public sitting on Wednesday devoted to legal arguments about whether acting National Intelligence Co-ordinating Committee (NICOC) coordinator Dr Ntandazo Sifolo could give evidence in open session.
The commission reserved its ruling on Wednesday and postponed the inquiry sine die, meaning no date has been set for its return.
Classified documents at centre of dispute
The legal battle centres on several hundred pages of classified intelligence material that NICOC has allowed the commission to use but has not authorised for public release. The documents include four National Intelligence Estimates from 2022 to 2025, 11 NICOC intelligence briefs, a special report from 2025, and later NICOC minutes and reports.
Evidence leader Advocate Matthew Chaskalson SC argued on Wednesday that the commission lacks the power to override classification restrictions. He conceded that this meant the inquiry would effectively proceed “on the dictates of a witness” when it comes to classified material.
Media organisations amaBhungane, Daily Maverick and Media24 opposed the application for closed-door testimony. Their counsel, Advocate Ben Winks, argued that secrecy should be justified by the substance of particular information, not merely by classification labels. The media parties said they would accept protection of genuinely sensitive details through anonymised references such as “Person X” and “operation Z.”
Commission weighs constitutional balance
Commissioner Advocate Sesi Baloyi SC challenged the practical consequence of the evidence leaders’ position, questioning whether the inquiry could be conducted according to a witness’s restrictions.
Chairperson Justice Mbuyiseli Madlanga acknowledged the commission cannot declassify documents but indicated this did not necessarily resolve the matter. One possible approach discussed was requiring Sifolo to file separate statements identifying what could be said publicly and what must remain confidential.
The commission issued a ruling on Thursday titled “Dr N Sifolo – In Camera Ruling,” though details of its operative terms have not been made public.
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Businessman remains in custody
Separately, businessman Suliman Carrim remained in custody after the Pretoria Magistrates’ Court postponed judgment on his bail application to 28 October. Carrim faces a charge linked to failing to complete testimony after being subpoenaed by the commission.
The commission said Carrim’s arrest should serve as a warning to other witnesses to comply with its orders.
The week marks a significant procedural hurdle for the inquiry, which has been tasked with investigating alleged state capture and corruption. The constitutional tension between transparency and national security now sits at the heart of the commission’s ability to proceed with key intelligence-related testimony.
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