Chief evidence leader Matthew Chaskalson SC has argued that the Madlanga Commission cannot expose state-classified intelligence documents, saying only the High Court has the authority to set aside classification decisions.
The argument comes as the commission considers an application to hear the testimony of National Intelligence Co-ordinating Committee (NICOC) acting co-ordinator Dr Ntandazo Sifolo behind closed doors.
Chaskalson said the commission had no power to overturn decisions to classify intelligence or determine the conditions under which classified information could be declassified.
“The commission is not a high court. It has no power to set aside a decision to classify information or to override a decision on the terms on which classified information is declassified. The commission does not have that power,” he said.
The proposed testimony covers hundreds of pages of sensitive material, including four national intelligence estimates issued between 2022 and 2025, 11 intelligence briefs, a special report, and minutes and reports from NICOC meetings held in 2025.
Chaskalson said Sifolo still needed to be consulted about giving his consent to the proposed arrangements for his testimony.
Media representatives opposed the closed-door hearing, arguing that the public has a right to understand what the documents concern.
The commission has reserved judgment, with a ruling expected in the coming days.
Its decision will determine whether Sifolo’s testimony proceeds in private or is heard under different arrangements.
kamogelo.moichela@iol.co.za
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