MNS Attorneys’ Director Mr Thobani Mnyandu Explains the Issue of Rule 3 Notices

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Introduction

As the Madlanga Commission continues its inquiry into organised crime and alleged interference within the criminal-justice system, Mr Thobani Mnyandu, Director at MNS Attorneys, joined eNCA to unpack the issue of Rule 3 notices — a key procedural matter ensuring that all parties implicated in the Commission’s work have the opportunity to respond before findings are made.

Understanding Rule 3 Notices

Rule 3 notices form part of the Commission’s internal rules, requiring that any person or entity potentially implicated in evidence be notified in advance and given the chance to reply or appear.

Mr Mnyandu explained that while the process may appear controversial, it serves an important constitutional principle: audi alteram partem — the right to be heard.

“The Rule 3 notice process ensures fairness. Every person has the right to clear their name once implicated. The Commission’s responsibility is to balance that right with the need to proceed efficiently under strict timelines,” said Mnyandu.

Balancing Transparency and Witness Safety

The current phase of the Commission includes in-camera hearings where certain witnesses testify anonymously to protect ongoing investigations into criminal cartels and organised-crime networks.
Mr Mnyandu emphasised that transparency must always be weighed against the safety of witnesses.

“The public deserves a transparent report, but this must be balanced with the need to protect witnesses whose safety could be at risk if identities are exposed,” he noted.

He further reiterated that each application for a private session should be evaluated on a case-by-case basis, echoing the Commission Chairperson’s commitment to fairness.

Commission Timeline and Possible Extension

While the Madlanga Commission initially set a six-month timeframe, Mr Mnyandu acknowledged that proceedings could extend if new evidence or testimony arises.

“The timeline is a moving target. It depends on how the evidence unfolds and what processes need to follow. An extension should remain open for consideration,” he explained.

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Media Access and Public Interest

Media houses have argued for greater openness to uphold public trust. Mr Mnyandu welcomed public scrutiny but stressed that transparency cannot override the Commission’s duty of care.

“The public is the biggest stakeholder. However, justice must be both seen and done responsibly — especially when dealing with active criminal investigations,” he said.

Key Takeaways from Mr Mnyandu’s Interview

Fair process: Rule 3 notices ensure implicated individuals can respond before adverse findings.
Balanced transparency: The Commission must protect witnesses while keeping the public informed.
Adaptable timelines: Flexibility is essential as new information surfaces.
Public accountability: Openness remains central to maintaining public confidence in the process.

Watch the Interview

Conclusion

At MNS Attorneys, we remain committed to upholding the principles of justice, fair hearing and transparency in public processes. The firm continues to provide expert legal oversight in complex commissions and inquiries, ensuring integrity and due process at every stage.

Our Vision

To be one of the leading law firms in South Africa, delivering exceptional legal expertise and embodying Black excellence within the legal fraternity.

Our Mission

To timeously provide legal expertise of the very highest standard, and to be relentless in our pursuit of positive outcomes for our clients, enabling them to focus on delivering their business goals.

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Dr.Martin Luther King Jr.

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