Madlanga Commission to hear arguments over closed-door intelligence testimony

The Madlanga Commission of Inquiry will hear arguments on Wednesday, 21 October 2026, on an application to have the testimony of senior intelligence official Dr N Sifolo heard behind closed doors.

Sifolo is the acting coordinator of the National Intelligence Co-ordinating Committee (NICOC) and is expected to testify about intelligence reports concerning the alleged infiltration of South Africa’s criminal justice system by organised crime syndicates.

The application was brought by the commission’s evidence leaders on 12 October and opposed by the amaBhungane Centre for Investigative Journalism, Daily Maverick and Media24.

In a statement, the Madlanga Commission said its chairperson, Justice Mbuyiseli Madlanga, directed that the application be argued in an open session at the commission’s Pretoria venue from 9am on Wednesday.

The applicants will have 45 minutes to present their arguments, while the respondents will have 45 minutes to respond. The applicants will then have 15 minutes to reply.

Media organisations oppose closed-door testimony

AmaBhungane, Daily Maverick and Media24 say they will oppose the application to hear Sifolo’s entire testimony in camera.

In their submissions, the media organisations argue that the evidence leaders have not provided sufficient evidence to demonstrate the specific national security harm that would result from allowing the testimony to be heard publicly.

They further argue that the classification of intelligence documents does not automatically justify withholding related evidence from the public.

The media organisations contend that the commission, which has the powers of a high court under the Commissions Act, can assess whether particular information requires protection rather than being bound entirely by existing classification decisions.

They propose that Sifolo testify publicly wherever possible, with closed sessions restricted to genuinely sensitive information.

They also suggest that redactions and codenames could be used to protect information that might compromise national security, ongoing operations or individuals’ safety.

Intelligence reports under scrutiny

Sifolo’s expected testimony will draw on four National Intelligence Estimates issued between 2022 and 2025, as well as 11 intelligence briefs and a special report issued between January and July 2025.

According to the media organisations, the documents were declassified for use by the commission but not for public release.

The commission’s evidence leaders argue that the restrictions mean Sifolo’s testimony should be heard entirely in camera, maintaining that the commission does not have the power to alter the terms of declassification.

The media organisations, however, say the public interest in the commission’s work requires a less restrictive approach.

The inquiry is investigating allegations of criminality, political interference and corruption within South Africa’s criminal justice system.

Among the issues under scrutiny are how organised crime syndicates allegedly infiltrated state institutions, what intelligence structures knew about the threats, and how that information was reported and acted upon.

The media organisations acknowledge that some intelligence information may need protection but argue that excluding the public from an entire hearing requires compelling justification.

The parties’ written submissions are expected to be published on the commission’s website.