Making Sense | When Sick Notes Delay Accountability | 24 July 2026

Nine witnesses reportedly became ill shortly before they were expected to testify at the Madlanga Commission.

Is that evidence of a troubling pattern, or are frustrated members of the public overlooking the reality of legitimate illness?

Gareth Edwards speaks to Advocate Mpilonhle Baloyi about what the commission can do when a witness submits a sick note that provides too little clinical information.

Baloyi explains that the starting point must remain fairness. People do become genuinely ill, and medical fitness involves more than visible symptoms. Anxiety, depression, hypertension, chronic illness and the stress of appearing before a nationally watched commission may all affect whether someone is fit to testify.

But the commission is not powerless when it suspects that a certificate is being used to avoid an appearance. It may seek clearer medical information, authenticate the certificate through the doctor, subpoena the practitioner to testify under oath or request an independent medical examination. Where fabrication or abuse is established, the discussion raises possible professional discipline, perjury and criminal prosecution.

The deeper tension is one of accountability and dignity.

How much information does the commission need? How much should the public be allowed to see? And when does a medical certificate stop protecting illness and start delaying the truth?

Catch up on all Making Sense episodes here: https://www.enca.com/making-sense-podcast

Chapter List
(00:00) Why Sick Notes Are Frustrating The Madlanga Commission
(01:19) Nine Witnesses Became Sick Before Testifying
(03:26) What Makes A Sick Note Good Enough?
(04:40) Medical Privacy Versus Public Interest
(08:03) When Does A Sick Note Become Evasion?
(09:01) The Commission Can Subpoena The Doctor
(09:45) When A Fake Note Becomes A Criminal Matter
(10:28) How Courts Handle A Witness Who Cannot Appear
(12:04) Illness Goes Beyond Coughs And Sneezes
(13:37) Can Sick Notes Delay The Commission’s Work?
(14:24) Can The Commission Deliver Real Accountability?
(20:34) Know Your Workplace’s Sick-Note Rules