The Madlanga Commission of Inquiry is set to institute criminal proceedings against an individual accused of deliberately exposing the identity of a protected witness. Chairperson Retired Justice Mbuyiseli Madlanga confirmed the legal action during proceedings on Tuesday, 28 July 2026, marking a significant escalation in the Commission’s efforts to maintain the integrity of its investigations.
The commission was established by President Cyril Ramaphosa to probe allegations of corruption, political interference, and criminality within the South African criminal justice system. The inquiry’s formal mandate follows persistent claims made by KwaZulu-Natal Provincial Police Commissioner, Lieutenant General Nhlanhla Mkhwanazi, regarding systemic challenges within the service.
Legal Consequences For Witness Exposure
During the public hearing, Justice Madlanga emphasised that disclosing the identity of a witness who testified under shield is a criminal offence that undermines the commission’s operational capacity. He stated that the individual’s actions appeared to be a deliberate effort to prejudice the business of the commission.
Someone who discloses the identity of a witness that testified anonymously, on the face of it, it appears that this was done deliberately. In terms of the Commission’s Act and this Commission’s regulations, it is a criminal offense to act in a manner that prejudices the business of the Commission. Consequently, the Commission is going to institute criminal proceedings against that person.
Testimony Regarding Section 27 Affidavit Discrepancies
Earlier in the day, former Investigating Directorate Against Corruption (IDAC) head, Advocate Andrea Johnson, provided critical testimony regarding missing information in official documentation. She detailed significant discrepancies in a Section 27 affidavit linked to the Political Killings Task Team (PKTT) and referred to as “forklift patches.”
The section 27 affidavit we have been sitting with here and working on is not the section 27 affidavit. The section 27 affidavit, and we agree it has to be one, had references to the forklift patches and had direct reference to the PKTT, both of which are missing in our version.
President Ramaphosa has extended the term of the Commission, with a current deadline set for 16 November 2026. Further testimony is expected in the coming weeks as investigators continue to test evidence regarding high-level interference in criminal justice matters.