‘Impartial’ Madlanga Commission to make findings based on evidence

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Chief evidence leader of the Madlanga Commission, Advocate Terry Motau SC, has emphasised that the Commission will take an impartial approach to all the evidence that will be presented at the Commission.

Motau delivered an address at the commencement of the hearings held at the Brigitte Mabandla Justice College in Tshwane today.

“[The] starting point must be the allegations made by Lt Gen Mkhwanazi at the 6 July media briefing. However, this investigation assumes no facts and does not depart from the premise that the allegations made by Lt Gen Mkhwanazi are true. Any findings made by the Commission must and will be based on evidence.

“When the Commission investigates an issue, the legal team remains impartial and will not presume a particular outcome. Witnesses may offer varying or conflicting accounts of events. The Commission’s role is to examine and explore all relevant versions and material,” Motau said.

READ | Madlanga Commission: Lt. General Mkhwanazi gives evidence

He highlighted that the Commission will also not function as a court.

“The Commission is not conducting a criminal trial of specific individuals, nor is it bound by the procedural and evidentiary rules that govern judicial proceedings. Rather, this Commission operates in an inquisitorial capacity: its primary objective is to uncover facts and establish an accurate record of events, thereby enabling informed recommendations.

“Throughout this process, the Commission will uphold the principles of natural justice and fairness for all parties. The Commission and its evidence-leading team approach these responsibilities without any preconceived agenda, other than the pursuit of truth,” he said.

Furthermore, findings will be made “transparently and accordingly identify and report those responsible”.

“Conversely, if the evidence does not substantiate the allegations, the Commission will equally make such findings accordingly.

“The Commission’s mandate is to establish the facts; not to prosecute. Nonetheless, its fact-finding will be rigorous and thorough so that, where appropriate, prosecutions or other corrective measures may follow,” Motau said.

The proceedings began with the evidence of KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi. – SAnews.gov.za