Witness requests extra time for testimony preparation at Madlanga Inquiry

The Madlanga Judicial Commission of Inquiry on Friday heard complaints from an unidentified witness who said he had not been given enough time to go through thousands of documents.

Attorney Hartley Ngoato told the commission investigating criminality, political interference, and corruption in the criminal justice system that his client, who has not been named, was given only eight hours to prepare to be questioned on about 4,800 pages, which includes an extract from the man’s WhatsApp communication.

Ngoato wanted the matter to be postponed for six days in order for his client to prepare.

He submitted his postponement application, and after lengthy deliberations, the commission Chairperson, retired Constitutional Court Justice Mbuyiseli Madlanga, decided to hear the application in camera.

Ngoato’s client also wants to testify off camera and for his evidence to be heard remotely.

He told the commission he did not have adequate time and would not be available over the weekend to consult his client, as he is travelling out of town to address a health issue.

According to Ngoato, the witness was handed a memory stick containing 4,800 pages and would not be ready to give evidence despite Evidence Leader Matthew Chaskalson narrowing the issues down to WhatsApp conversations involving several people.

He complained that the witness received the information he was going to testify on four days before and, therefore, cannot proceed.

Ngoato said they only managed to access the documents on Tuesday, January 27, at 2pm, after printing, as his client did not have the facility to print the documents at his home.

“We are not anywhere in reading the 4,800 pages,” he said, adding that he wants the full-blown account on the matter his client will testify on.

Ngoato also complained that proceeding without accessing the entirety of the documents would be too dangerous for his client, and the issues are intertwined and interrelated.

“We have to read everything. For our defence, it is very important for our client to consult.”

Ngoato said he was requesting to be given time to prepare and for his client to be given a fair chance.

The evidence has been extracted from cellphones taken from him in October by the SA Police Service (SAPS) and includes people with whom he has had relationships dating back decades.

He said the commission had the cellphone for four months, but they gave his client only three days to prepare.

“We need a lot of time to go through the documents. I have other clients; I’m in private practice. We need six days to prepare,” Ngoato added.

He said President Cyril Ramaphosa issued a statement on Thursday, making a prima facie pronouncement that the SAPS must investigate, when he has not even given evidence. “The fact that my client was carrying a bag doesn’t mean he was transporting money,” Ngoato explained.

Chaskalson disputed some of Ngoato’s assertions, saying the witness attended a January 20 meeting without an attorney and was advised to get a lawyer.

He said the commission identified particular chats extracted from his phone.

“We want to get going on this witness. We don’t want the witness to be compromised. We will want him to answer those questions. The real evidence is in the chats,” said Chaskalson.

loyiso.sidimba@inl.co.za