Commending Madlanga Commission's Decision to Prioritise Witness Safety

Johannesburg, South Africa | Thursday, 2 July 2026 — Public Interest SA commends the decision of the Madlanga Commission of Inquiry to postpone the continuation of the testimony of Commission witness, Tumelo Nku, after Commission chairperson Justice Mbuyiseli Madlanga announced that there were security concerns relating to the witness.

While the Commission has, appropriately, conducted its proceedings in public in the interests of transparency and accountability, there are exceptional circumstances in which the protection of a witness must necessarily take precedence over public access. This appears to be one such instance.

Based on the evidence already placed before the Commission, Nku's testimony has the potential to expose complex criminal networks involved in the importation and distribution of illicit drugs in South Africa. Depending on the nature, credibility and probative value of his evidence, his testimony may assist future criminal investigations and prosecutions into organised crime and those who facilitate or benefit from it.

The possibility that such evidence may implicate powerful domestic and foreign criminal actors underscores the need for the Commission to exercise the utmost discretion in determining how best to receive and manage any further testimony.

Protecting the integrity of the Commission's work must include protecting those whose evidence may prove pivotal to the administration of justice.

The Commission's decision is particularly significant in light of South Africa's deeply troubling history of intimidation, attacks and assassinations of witnesses and whistleblowers.

We are reminded that one witness who previously appeared before the Commission was later assassinated, while recent events involving crime intelligence officer Feroz Khan have further highlighted the risks faced by individuals who may possess sensitive information relating to organised crime and corruption.

While the above incidents may ultimately prove to be unrelated to the individuals' involvement in the ongoing hearings, that possibility cannot be discounted at this stage.

Public Interest SA therefore supports the Commission's cautious approach. Witness protection should never be viewed as an impediment to transparency, but rather as an indispensable safeguard that enables the truth to emerge.

"It bears noting that, as a matter of standard practice, the Commission assesses risk on a witness-by-witness basis. In Mr Nku's case, as with other confidential witnesses, it has appropriately determined that the remainder of his testimony should be heard in camera on a date to be determined," said Tebogo Khaas, chairperson of Public Interest SA.

Should Nku's evidence ultimately be required in future criminal proceedings, Public Interest SA calls upon the South African Police Service, the National Prosecuting Authority and all relevant state authorities to ensure that appropriate security measures are provided for him and anyone assessed to be at risk for as long as circumstances reasonably require. Witness protection must not end with the conclusion of the Commission if the risks to his safety persist.

South Africa cannot expect witnesses to come forward and expose sophisticated criminal enterprises if the state is unable to guarantee their safety. The effectiveness of commissions of inquiry, criminal investigations and prosecutions depends not only on the courage of witnesses, but equally on the state's ability to protect them.

Public Interest SA trusts that the Commission will continue to strike an appropriate balance between openness and the imperative of preserving the safety of those whose testimony may prove vital in dismantling organised criminal networks and advancing the rule of law.

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Media Enquiries

Bagaetsho Oteng | Media Liaison — Public Interest SA Email: bagaetsho@publicinterest.org.za