Closed Doors Issue: The Madlanga Commission postpones the proceedings

After media outlets requested that the Madlanga Commission not be held behind closed doors, the meeting was postponed once more on Monday morning.

The media outlets and the commission's evidence leaders will have until Monday at 9 p.m. to submit their written arguments, according to Commissioner Justice Mbuyiseli Madlanga.

“We will adjourn and await," Madlanga said.

The media outlets opposed the evidence leaders' request to have portions of the witness testimony heard in a closed session.

This is after the commission released a statement that the next testimony will be a closed session.

The commission’s Chief Evidence Leader, Adv. Matthew Chaskalson SC confirmed that the evidence leaders and commissioners have agreed to submit their response by 5 pm on Monday.

The submission will include any written argument intended to assist the commission in its deliberations.

Chaskalson further indicated that the media houses' legal team, led by Charles du Plessis of Philip de Klerk Attorneys, has been asked to file any written submissions by the same deadline.

“We are in the Commission’s hands,” said Chaskalson.

Chaskalson said they were comfortable for the commissioners to make a ruling based on the papers filed, and also to communicate the decision so that the commission can continue on Tuesday, whether in camera or in open session. 

Speaking on behalf of the media houses, Du Plessis confirmed their intention to oppose the current form of the proposed order.

“We are likewise in the Commission’s hands should it decide to hear oral arguments tomorrow. We are already preparing our submissions and will finalise them promptly, taking into account any materials received from the evidence leaders.”

Both parties have indicated their readiness to proceed efficiently, to support the Commission’s timely decision-making.

Further sessions will be scheduled once the presiding authorities decide on the application, Madlanga said. 

kamogelo.moichela@iol.co.za

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