Madlanga Commission | Experts say repeated medical absences risk undermining accountability

Some political analysts believe the growing number of witnesses citing medical reasons for missing testimony before the Madlanga Commission risks undermining accountability and public confidence in the inquiry.

Their comments come after a fourth high-profile appearance was postponed in a space of two months, the latest involving Investigating Directorate Against Corruption (IDAC) head, Senior Advocate Andrea Johnson.

Johnson is among several key witnesses who have failed to appear before the commission after reporting medical emergencies shortly before they were due to testify.

Others include suspended Deputy Crime Intelligence head, Major-General Feroz Khan, controversial North West Businessman, Suleiman Carrim, and Medicare24 CEO, Mike van Wyk, all of whom were reportedly admitted to hospital for different medical conditions shortly before their scheduled appearances.

Political Analyst and Social Sciences Professor, Dirk Kotze, says believes the commission’s probing line of questioning may be contributing to the repeated postponements.

“What we have also seen is that several witnesses who have conducted the witness presentation at the Madlanga Commission, soon after that, they were actually arrested or appeared in Court quite soon after that. I think that is what these persons, including Andrea Johnson, are trying to avoid,” said Professor Kotze.

Political analyst, Goodenough Mashego, says the commission should closely scrutinise the medical certificates submitted by witnesses and, where necessary, consider referring questionable cases to the Health Professions Council of South Africa (HPCSA).

“I think over and above this act itself, it is really putting those doctors at risk because doctors get their certificates issued by the Health Professionals Council of South Africa (HPCSA) and this certificates can be revoked if they are found to have used it unprofessionally or to advance injustice. So the doctors are risking, but they think they have covered their backs, but they have actually not done so. Because by issuing that certificate, you are using that license already on issues that you know have nothing to do with medicine.”

Civil society organisation, Public Interest SA, has also raised concerns over the repeated failure of key witnesses to testify before the commission.

Advocate Andrea Johnson’s legal team became the latest to request a postponement on behalf of a witness, citing medical reasons.

Public Interest SA chairperson, Tebogo Khaas, told YNews that while every individual has the right to dignity and appropriate medical care, the commission must also protect the integrity and credibility of its proceedings.

Many South Africans have also expressed frustration over the repeated postponements, arguing that they undermine public confidence in the commission and the rule of law.

The commission indicated that it would not be able to read evidence against Johnson into the record in her absence.

Evidence leader, Advocate Mahlaphe Sello, acknowledged that the commission is operating under tight time constraints and that, in some instances, evidence can be read into record in a witness’s absence. However, she said that option was not feasible in Johnson’s case.

Sello explained that the commission currently only has Johnson’s supplementary statement, and commissioners require her presence to respond to the allegations and answer questions arising from the statement.

“Especially because as the commissioners have prepared, on the basis of the very statements. So to have the statements read back to you that you have already applied your minds to, without the ability to engage, because you can’t engage me in them, I think wouldn’t serve much of a purpose. So my short response would be unfortunately, the nature of the testimony of advocate Johnson doesn’t land itself to that option,” she said.

She added that there was no alternative witness available to fill the scheduled slot.

Johnson’s conduct as head of the Investigating Directorate Against Corruption is among the matters under scrutiny at the commission.

She is alleged to have interfered in the handling of a 2018 assault investigation involving Feroz Khan, among other allegations.

Only Johnson’s legal representatives, Advocates Alpa Bodlani and Tsietsi Ramatsekisi, appeared before the commission on Monday.

Advocate Bodlani told the commission that Johnson had been rushed to hospital and submitted a medical certificate indicating she would be under medical care from Monday until Wednesday.

Justice Madlanga criticised the certificate, describing it as inadequate because it did not clearly explain Johnson’s condition or why she was unable to attend proceedings.

He said a new date for Johnson’s testimony would be announced in due course.

The commission has since indicated that Johnson’s medical certificate will be subjected to closer scrutiny.

Written by: Odirile Rabalao