The Madlanga Commission of Inquiry heard damning evidence this week that crime intelligence figure Oupa “Bafana” Sindane had access to highly confidential police documents, suggesting someone within the South African Police Service was feeding him classified information.

The commission heard testimony on 28 September that revealed Sindane possessed internal SAPS shooting reports, details about the murder investigation of a police officer, and what appeared to be correspondence from National Police Commissioner General Fannie Masemola.

Evidence leader Matthew Chaskalson presented a detailed internal report about the murder of Sergeant Marcus Lekalakala, which included scene role-players and information about the SAPS organised-crime unit responsible for the investigation.

“This material suggests that someone inside SAPS was feeding Sindane information,” Chaskalson told the commission.

Despite Sindane’s absence from the proceedings, his WhatsApp messages and related documents were read into the public record after the commission dealt with his attempts to delay or prevent their use. The commission made clear that the allegations remained evidence to be tested and not findings of guilt.

Khan fails to appear, faces criminal referral

In a dramatic turn of events on the same day, former Crime Intelligence deputy head Major-General Feroz Khan failed to appear before the commission despite being served with a subpoena.

Khan’s lawyer, Muhammed Vally, relied on medical evidence about his client’s anxiety, hyperarousal, concentration problems and the possible psychological effects of questioning to justify his absence.

Commission chairperson Justice Madlanga rejected the postponement request and described Khan’s non-appearance as a flagrant disregard of the subpoena. He directed the commission secretary to take steps toward a criminal referral.

The commission still wants Khan to answer allegations that he received kickbacks in connection with a R280 million Treasury tender. By the end of 28 September, the commission had not yet heard that testimony publicly.

The commission later decided that Khan’s evidence would be heard behind closed doors to protect police informants, avoid disclosure of identities linked to organised-crime investigations and safeguard sensitive ongoing investigations. His in-camera testimony is scheduled to begin on Monday 5 October.

ALSO READ: SAPS confirms dismissal of controversial crime intelligence boss Feroz Khan

Schedule changes and postponements

The commission’s schedule saw significant changes during the week. On 29 September, the commission continued with the part-heard evidence of Madoda Johannes “Joe Ferrari” Sibanyoni.

On 30 September, anticipated testimony from Vusimuzi “Cat” Matlala did not proceed. The commission postponed his evidence to 14 December after finding he had been subpoenaed only on 25 September and had not secured legal representation in time. Chaskalson indicated Matlala could potentially be called earlier if a suitable opening arose in his criminal-trial schedule.

Because of Matlala’s postponement, the commission announced it would not sit publicly on 2 October. Public hearings were adjourned until 9 November, while in-camera hearings are planned for the following two weeks.

The commission has made clear that all persons implicated in the allegations remain presumed innocent and that the evidence presented is subject to testing and not final findings.

ALSO READ: Madlanga Commission to hear testimony in the absence of hospitalised Gen Khan