The Madlanga Commission of Inquiry is considering subpoenaing doctors who sign medical certificates for witnesses who repeatedly fail to appear, after yet another postponement due to illness .
The commission did not hold hearings on Wednesday after a Crime Intelligence officer responsible for managing agents and informants submitted a sick note claiming he was unwell .
Pattern of Convenient Illnesses
Since the commission began its work, there have been at least four incidents where scheduled hearings were postponed due to witnesses falling sick . In 2025, the commission postponed testimony from Crime Intelligence head Dumisani Khumalo and suspended Deputy National Police Commissioner Shadrack Sibiya after both called in sick . Earlier in February, Witness F (Sergeant Fannie Nkosi) also called in sick before he could appear .
The latest postponement involves a Crime Intelligence officer whose medical certificate was described by evidence leaders as “illegible” and too sparse .
Frustration Over Inadequate Certificates
Senior evidence leader Advocate Matthew Chaskalson expressed concern about the quality of the medical certificate submitted .
“We have received a postponement application and we have a concern 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 noted that while the commission is not suggesting the application is not genuine, there is 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” .
Commissioner Sesi Baloyi said a concerning pattern is emerging and suggested tougher measures may be needed .
“Perhaps you may want to consider whether at some point, if this persists, whether a medical doctor or health professional who signs a certificate should not be called to come and testify,” Baloyi said .
She also suggested the commission could compel a witness through a warrant application in instances where a certificate is not properly motivated .
Witness’s Lawyer Responds
The witness’s lawyer, Mbuso Matlala, promised to obtain a proper medical certificate and an affidavit from his client explaining the illness .
The commission has directed that a valid and satisfactory medical certificate be submitted by Thursday, with commissioners signalling that non-compliance could result in the issuing doctor being subpoenaed .
Previous Incidents
Witness F (Sergeant Fannie Nkosi) was hospitalised earlier in February, with a doctor’s note indicating he was expected to be discharged by 25 February . His testimony was rescheduled for 16 March . Nkosi’s cover was blown during Sibiya’s testimony after he was revealed as a middleman between Sibiya and alleged crime mastermind Vusimuzi “Cat” Matlala .
Crime Intelligence head Lieutenant-General Dumisani Khumalo also had his testimony postponed in October 2025 after he fell ill and was hospitalised .
Next Steps
The commission resumes on Thursday with suspended Ekurhuleni HR Manager Linda Gxasheka expected to testify . She will face questions over claims that she and legal head Kemi Behari shielded suspended Police Chief Julius Mkhwanazi from disciplinary action .
