Madlanga Commission considers subpoenaing doctors who sign witnesses' sick letters

To prevent the recurring problem of witnesses conveniently falling ill before testifying, the Madlanga Commission is considering subpoenaing the doctors who sign their sick letters.

The commission will not be holding any hearings on Wednesday after a witness who was due to testify in the morning submitted a medical certificate, stating he is unwell.

The witness, who cannot be named at this stage, is a Crime Intelligence officer responsible for managing agents and informants.

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Since the Madlanga Commission of Inquiry began its work, there has been at least four incidents where it had to postpone scheduled hearings due to witnesses falling sick.

In 2025, the commission postponed the hearings of Crime Intelligence head Dumisani Khumalo and suspended Deputy National Police Commissioner Shadrack Sibiya after they both called in sick.

Earlier in February, witness F also called in sick before he could appear, and on Wednesday, it was a Crime Intelligence officer responsible for agents and informants within the South African Police Service (SAPS).

Commissioner Sesi Baloyi said a concerning pattern is starting to emerge.

"Perhaps you [speaking to senior evidence leader Matthew Chaskalson] 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 alternatively whether there are no appropriate circumstances to compel a witness to come if we end up with certificates like this for example like in this case, it's an option available to the commission."

The commission resumes on Thursday with a new witness.