Witness P asks Madlanga Commission to hear drug gang operation testimony behind closed doors

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Ask AI 2minWitness P has requested a closed testimony protect sensitive intelligence in the Madlanga Commission.

An unidentified South African Police Service (SAPS) officer scheduled to testify before the Madlanga Judicial Commission of Inquiry has applied to give evidence behind closed doors, citing concerns about the safety of informants, his own security and the possible exposure of sensitive counter-intelligence methods.

The witness, identified only as Witness P, has asked the commission to order that his appearance, as well as any future appearances before the inquiry, be held in camera and that his evidence and supporting material be kept confidential.

The witness is scheduled to appear before the commission on Friday.

The application arises from evidence relating to a clandestine counter-intelligence operation targeting an organised drug gang in the Durban area.

According to Witness P’s founding affidavit, his evidence concerns information uncovered during the operation, which involved the electronic surveillance of communications as well as the use of informants.

The officer said his testimony will primarily involve taking the commission through telephone-intercept transcripts, intelligence reports and other documents generated during the operation, while explaining their significance to the inquiry.

The witness said the documents he intends to refer to were previously classified and were declassified specifically to allow them to be placed before the commission.

However, he argues that making his evidence public could have serious consequences for the ongoing protection of sensitive intelligence.

Among his concerns is the possibility that public testimony could expose the identities of informants who assisted the police operation.

He said the disclosure could enable the targets of the operation to identify those informants, potentially placing them at risk.

He further warned that revealing the contents of the intelligence gathered could compromise its usefulness by informing the targets about what the police know or don’t know.

According to the affidavit, such disclosure could allow those being investigated to alter their behaviour in response to the information revealed during the public proceedings.

The officer is also concerned that public testimony could expose the methodology and strategies used by SAPS counter-intelligence during the operation.

He additionally raised concerns about his own safety, given his involvement in an operation directed at an organised drug gang.

The application also asked the chairperson to specify which people would be allowed to attend the closed proceedings.

The application does not disclose the identity of the witness, the specific drug gang involved, or the detailed contents of the intelligence gathered during the counter-intelligence operation.

At this stage, the witness’s request for an in-camera hearing remains an application before the commission. A ruling will be made before he testifies.

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