Justice Mbuyiseli Madlanga has been forced to postpone the hearing of testimony from a witness identified as a Crime Intelligence officer handling agent informants, who had taken ill.
Image: Oupa Mokoena / Independent Newspapers
The Madlanga Commission of Inquiry has yet again postponed the hearing of testimony from a witness identified as a Crime Intelligence officer handling agent informants, who had taken ill.
This comes a week after the testimony of Sergeant Fannie Nkosi, known as Witness F, was postponed to March 16 after he was hospitalised.
Nkosi’s cover was blown during the testimony of suspended SAPS Deputy National Commissioner Shadrack Sibiya, prompting Justice Mbuyiseli Madlanga to allow his identity to be revealed.
Nkosi featured prominently during Sibiya's testimony as a middleman between Sibiya and alleged crime mastermind Vusimuzi "Cat" Matlala. He testified that Sibiya had asked him to be a go-between linking Sibiya and Matlala. Sibiya flatly denied the claim.
Evidence leader Advocate Matthew Chaskalson SC expressed concern about a medical certificate produced by the witness scheduled to testify on Wednesday, saying it is illegible and too sparse.
"We have received a postponement application and we have a concern with a postponement application because it is supported by a medical certificate which is practically illegible and does not say a great deal to an extent which we can work out what it says," Chaskalson said.
He stated that the commission does not suggest that the application is not bona fide, but expressed concern 'because there are repeated cases of witnesses who are called to testify and who are unable to do so, requesting postponements on health grounds'.
"From our side, it is important that these postponements are properly motivated and there is no doubt that the witness we had hoped to have testifying is medically unable to testify," Chaskalson said.
The witness' lawyer, Musa Matlala, promised that he will endeavour to procure a proper medical certificate in addition to an affidavit from the witness as requested by the commission.
Co-commissioner Advocate Sesi Baloyi SC suggested that in the future, the commission should look into the possibility of summoning a doctor or health practitioner who authorised a medical certificate to testify before the commission.
"With a risk that this may be a recurring issue as you indicate... Perhaps you may want to consider whether at some point, if this persists, a medical doctor or health professional who signs a certificate should not be called to come and testify," Baloyi said.
Alternatively, she said, the commission can compel a witness through an application for a warrant in instances the commission is presented with a certificate that is not properly motivated.
Baloyi also took issue with the fact that the certificate said nothing about the patient's condition and whether the patient has been seen by a doctor.
The commission will resume on Thursday with a new witness.
rapula.moatshe@inl.co.za