Madlanga Commission: Chaskalson argues it cannot declassify intelligence documents

By Johnathan Paoli

Chief evidence leader Matthew Chaskalson SC has argued that the Madlanga Commission of Inquiry has no legal authority to override restrictions on classified intelligence documents, saying only the High Court can order their disclosure to the public.

The commission considered the matter on Wednesday during a break from its in-camera hearings and recess, amid concerns from media houses that blanket secrecy could undermine public accountability and the inquiry’s ability to expose failures in the criminal justice system.

The dispute centres on whether the testimony of acting National Intelligence Co-ordinating Committee (Nicoc) coordinator Ntandazo Sifolo should be heard behind closed doors.

“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 just does not have that power,” Chaskalson said.

He said Sifolo’s testimony