Africa-Press – South-Africa. An urgent High Court application has been launched at the eleventh hour to prevent Tuesday’s witness from testifying at the Madlanga Commission of Inquiry.
Witness F, a member of Gauteng Organised Crime, was meant to begin with his testimony on Tuesday morning but his attorney, Hartley Ngoato, brought another application to have his client’s testimony postponed.
The Madlanga Commission of Inquiry adjourned briefly to allow the necessary arrangements to be made to have Witness F testify remotely.
Ngoato claims that certain WhatsApp chats that implicate his client, which the commission is relying on as evidence, are driving a certain narrative and are not contextualised.
This formed the basis of an urgent application filed in the High Court by Ngoato.
Witness F attempted to prevent the Madlanga Commission from presenting the evidence of the WhatsApp chats.
His lawyer explained: “A WhatsApp that is being forwarded to him is now being portrayed as he is the originator of that WhatsApp. So even if we display them here, it will be misleading the country because it will be seen as he is the originator of that WhatsApp, whereas he is not.”
Commission chair Justice Mbuyiseli Madlanga asked Witness F, testifying remotely, about his stance on the matter.
“I want to hear it from you, whether you also confirm that you will not participate?”
Witness F responded, “I confirm, commissioner.”
Madlanga cautioned the witness that there are criminal implications under the Commissions Act if he refuses to answer questions.
He was adamant to proceed on Tuesday, raising concerns that Witness F’s stance may be setting a certain precedent for other witnesses to follow.
Madlanga then refused the application and made the following order: “One, the application for a postponement is refused. Two, the evidence leaders are granted leave to present as evidence the WhatsApp chats that relate to Witness F, and where necessary, to comment on them.”
Madlanga elaborated further: “Three, Witness F is ordered to remain at the remote location, at which he is meant to testify, until he is excused by the commission.”
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