Madlanga Commission May Subpoena Doctors Who Issue Medical Certificates to Witnesses, SA Pleased

Madlanga Commission May Subpoena Doctors Who Issue Medical Certificates to Witnesses, SA Pleased

  • Another Madlanga Commission of Inquiry witness was unable to testify due to an illness
  • The commissioners are concerned about the frequency of witnesses submitting medical certificates
  • Social media users reacted to the latest update, praising the commission's tough stance

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The Madlanga Commission of Inquiry is unhappy with the number of witnesses using sick notes to avoid testifying
The Madlanga Commission of Inquiry is unhappy with the number of witnesses who use sick notes to avoid testifying. Image: Phill Magakoe
Source: Getty Images

Byron Pillay, a Briefly News journalist, has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

WESTERN CAPE – The Madlanga Commission of Inquiry may subpoena doctors and medical practitioners who issue medical certificates to witnesses scheduled to testify before the commission.

The commission is currently investigating allegations of criminality, political interference and corruption within the criminal justice system. The allegations were made by Lieutenant General Nhlanhla Mkhwanazi during a press conference on 6 July 2025.

The decision to potentially subpoena doctors comes after another witness failed to appear before the Commission on 25 February 2026 due to medical reasons. The lawyers for the witness, who is a member of Crime Intelligence, produced a doctor’s note stating that their client had been booked off from 21 February 2026 until 26 February 2026.

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Commissioners could subpoena medical practitioners

The commissioners, Justice Mbuyiseli Madlanga, Advocate Sesi Baloyi SC, and Advocate Sandile Khumalo SC, raised concern about the medical certificate, noting that it doesn’t explain what was wrong with the person or indicate whether the person saw the doctor personally.

Commissioners have also expressed concern regarding the frequency of witnesses being unable to testify, stating that it affected the commission’s scheduling. The commission is due to conclude its proceedings in March 2026, but may ask for an extension.

The commissioners are now considering requiring medical professionals, who issue sick notes to witnesses meant to testify, to appear themselves.

Doctors could be in trouble for giving medical certificates to Madlanga Commission witnesses
The Madlanga Commission may subpoena doctors who issue medical certificates to witnesses to testify about the legitimacy of the sickness. Image: Westend61
Source: Getty Images

When will the Crime Intelligence member testify?

The lawyers representing the witness have been requested to provide a valid medical certificate by tomorrow, 26 February 2026, failing which the doctor responsible for issuing the medical certificate may be subject to subpoena. The commission also asked the lawyers to produce an affidavit from their client explaining why they could not appear. The commission will then liaise with the lawyers to find a suitable date for the appearance.

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The Madlanga Commission will resume on Thursday, 26 February 2026, with the City of Ekurhuleni’s Head of Department for Human Resources, Linda Gxasheka, taking to the stand. Gxasheka is accused of shielding the suspended Ekurhuleni Metro Police Department’s Deputy Chief, Commissioner Julius Mkhwanazi. Gxasheka is suspended as well.

South Africans react to the commission’s stance

Social media users reacted to the commission’s statement, praising it for the tough stance.

@BCPS19 said:

“The commissioners' response is measured but firm: produce a valid medical certificate or the issuing doctor faces a subpoena. That is the correct escalation. Procedural avoidance has been a feature of every major commission this country has run. Recognising it early and responding with consequence is what separates a functioning inquiry from a managed one.”

@uMaster_Sandz expressed frustration:

“These guys are toying with Madlanga. It’s so irritating.”

@NyamandePn suggested:

“They must bill the doctor for the day's running expenses, including the commissioner’s remuneration.”

@Nonhlan23097084 added:

“These medical professionals must be reported to the Health Professions Council of South Africa (HPCSA). They are beginning to be part of the problem.”

@Stewart29839949 noted:

“Sibiya did it. Nkosi did it. I think I can guess who this next witness is. It may be part of a conspiracy to derail the progress of the commission.”

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Other stories of ill Madlanga Commission witnesses

Briefly News reported that a few Madlanga Commission witnesses have taken ill, prompting a rescheduling of proceedings.

Source: Briefly News

Authors:
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Byron Pillay (Current Affairs Editor) Byron Pillay is a Current Affairs Editor at Briefly News. He received a Diploma in Journalism from the Caxton Cadet School. He spent 15 years covering politics, crime and current affairs. He was also the Head of Department for Sports Brief, where he covered both local and international sporting news. Email: byron.pillay@briefly.co.za