Madlanga responds to Witness F’s request not to testify

The Madlanga Commission of Inquiry has refused to grant Witness F’s request not to testify in proceedings.

Witness F was meant to appear before the Madlanga commission on Tuesday, but he brought an application to interdict his appearance after President Cyril Ramaphosa received the interim report.

Witness F is concerned that he may be criminally charged if he testifies at the commission.

The commission is probing allegations of criminality, political interference and corruption in the South African Police Service (Saps) and the criminal justice system.

Ruling

Commission Chair Judge Mbuyiseli Madlanga handed down the ruling on Tuesday, which dealt a blow to Witness F’s attempt.

“We cannot allow Witness F to get a free ride. Which creates an offence under the Commission Act”

Madlanga has also ordered that Advocate Mathews Chaskalson must ask Witness F at least four questions after previously suggesting that his failure to fully respond to those queries may be a criminal offence.

[WATCH] #MadlangaCommision has refused Witness F's application for a postponement. The evidence leaders will also use the Whatsapp messages relating to Witness F. #Newzroom405 pic.twitter.com/8401e3Snqo

— Newzroom Afrika (@Newzroom405) February 3, 2026

Madlanga stated that the commission cannot excuse the witness.

“We will not excuse the witness; he will still have to join the proceedings virtually. It is an offence for a witness to refuse to answer questions.

“So, to the extent that you say you will not be participating – taking the entire context into consideration, since even if you ask questions, you will respond to them – that is an indication that you are upfront and saying, I am going to commit an offence under the commission.”

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Witness F’s safety concerns

The secret witness was scheduled to appear last Friday, but his attorney raised concerns about his safety.

His attorney, Hartley Ngoato, submitted a request to postpone, arguing that they were not ready because there were still at least 1 000 pages of evidence to review.

Ngoato told the commission that his client will only listen in and not participate in the proceedings.

“My client is definitely not going to testify until the application is finalised.

WhatsApp

Madlanga also granted permission to present WhatsApp messages extracted from Witness F’s phone as evidence.

Witness F sought a High Court order blocking the Madlanga Commission from displaying the WhatsApp messages seized by the police from his phone.

Chaskalson argued the messages are “highly relevant” to the inquiry’s work.

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