The commission of inquiry into allegations of criminal infiltration of the justice system will prioritise human life “at all costs” and even withhold from the public evidence and information that could endanger witnesses’ lives, evidence leader Matthew Chaskalson said.
Chaskalson said in a media briefing on Monday the commission, to be chaired by retired Constitutional Court justice Mbuyiseli Madlanga, was entering uncharted territory in which the judicial body had to protect witnesses.
The commission will start on September 17.
“Some of the evidence we gather will include evidence from undercover agents who have been placed in criminal syndicates by the SAPS and who are used to break these criminal syndicates,” said Chaskalson.
“If the identity of those people is disclosed there is a very real risk they will be killed,” he said.
He said it was likely that some of the evidence disclosed to the commission would not be made available in its public reports.
“While we are committed to transparency, we have to prioritise the protection of human life at all costs. I can certainly see there will be some evidence we have to take in camera and may well not be made available in public.
“In the Zondo commission it was possible to find a balance that allowed much of that information to be disclosed.”
He said the Madlanga commission differed from the state capture commission, chaired by former chief justice Raymond Zondo.
“Our first commitment must always be to the protection of human life. It is possible that we put some evidence before [the] commission that will not be released to the public in any form.”
The justice cluster has suffered severe blows in recent months with people involved in criminal cases being killed within court precincts. Prosecutors and lawyers working on high-profile cases have also been murdered.
Our first commitment must always be to the protection of human life. It is possible that we put some evidence before [the] commission that will not be released to the public in any form.
— Matthew Chaskalson
The legal fraternity is reeling from the murder of prominent lawyer Bouwer van Niekerk, who was killed in his office in Joburg on Friday last week.
Chief evidence leader Peter Goss told the media most of the witness protection arrangements had been finalised.
He said the commission venue, Brigitte Mabandla Justice College in Pretoria, was adequately secured.
Personal security for witnesses was in the final stages of procurement, he said.
“We are in the processes of finalising procurement of a particular service provider who is highly experienced in witness protection,” Goss said.
The commission was supposed to start on September 1 but was delayed due to issues with the procurement of information and communication technology (ICT) infrastructure by the department of justice & constitutional development, and finalisation of the protection of witness guidelines.
In recent years, state entities, including the justice department, have suffered cyberattacks.
Chaskalson said he was confident that after delays caused by problems with ICT procurement the commission’s system would not be hacked.
“That procurement process has taken time because it requires specific requirements from bidders. I am confident that our systems are not going to be hacked.”
Commission spokesperson Jeremy Michaels said the commission was ready to hear the testimony of its first witness, KwaZulu-Natal provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi.
Mkhwanazi in July caused President Cyril Ramaphosa to establish the commission after alleging the country’s security cluster was infiltrated and controlled by a drug cartel involving politicians.
Though Michaels did not want to answer the question whether the commission was providing Mkhwanazi with witness protection, he said the top officer had protection.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.