A tense exchange unfolded at the Madlanga Commission as Justice Mbuyiseli Madlanga questioned lawyer Fatima Missi, representing alleged underworld figure Vusimuzi ‘Cat’ Matlala.
This over an attempt to delay proceedings following the sudden illness of lead counsel, Advocate Anneline van den Heever on Monday.
Missi told the chairperson that Matlala was uncomfortable proceeding without his lead counsel and without written heads of argument.
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“His instructions are that if the commission is not willing to at least grant us this afternoon, we ensure that we have those documents before you and that we have our heads put together properly. In the alternative, he has no option but to instruct us to bring an application interdicting the proceedings of this hearing,” said Missi.
Madlanga asked Missi to clarify whether she was seeking an adjournment until that afternoon or the following day.
Missi explained that the legal team wanted the opportunity to prepare its documents and submissions, arguing that Matlala believed he was not properly represented without van den Heever.
The chairperson, however, questioned why the defence had not brought a substantive postponement application on affidavit.
“The main reason, throughout, for not proceeding today, is the fact that you did not have all the documents,” Madlanga said, highlighting that the missing documents had been an issue for some time and were unrelated to van den Heever’s absence.
Missi responded that the team had not anticipated van den Heever becoming too ill to attend the commission.
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“We hadn’t anticipated that she would not be here in person in time for us to then prepare a routine postponement application.”
Madlanga also questioned what would happen if the commission refused to postpone proceedings and the legal team attempted to withdraw.
Missi indicated that Matlala could potentially decide to leave with his lawyers, while the legal team would have to consider the implications of such a move.
The evidence leaders, through Advocate Adila Hassim, challenged the defence’s explanation.
Hassim argued that the absence of van den Heever had increasingly become central to the request for a postponement, despite the original reasons being the lack of documents, a replying affidavit and written submissions.
Hassim further placed on record a message from Correctional Services official Commissioner, Emmanuel Khoza, disputing claims that the defence had been unable to consult with Matlala. The message stated that the legal team had consulted for three days and that officials were prepared to make concessions.
Hassim stressed that an intention to approach the High Court did not automatically suspend the commission’s proceedings. Until an interdict was granted, she said, the commission could continue.
Madlanga observed that the issue of the lead counsel’s absence had only taken centre stage after the commission directed that arguments be heard.
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After numerous adjournments, Missi told the commission that after deliberating with Matlala, he is prepared to continue with his testimony.
She said Matlala will reserve his right to assert his right against self-incrimination if and when a question arises that could incriminate him.
Matlala started with declining to answer questions about allegations that he bought suspended national deputy police commissioner Shadrack Sibiya gifts and impalas.
Matlala stated that an ongoing investigation into their interactions was made clear during his questioning by the Investigating Directorate Against Corruption.
The commission continued the hearing on Monday.
- Lawyer Fatima Missi requested a delay at the Madlanga Commission due to lead counsel Advocate Anneline van den Heever's sudden illness and the absence of written heads of argument.
- Justice Mbuyiseli Madlanga questioned why the defence had not submitted a formal postponement application on affidavit despite previous issues with missing documents.
- The evidence leaders, represented by Advocate Adila Hassim, challenged the defence's postponement reasoning and presented a message confirming the legal team's consultations with Matlala.
- Commissioner Emmanuel Khoza disputed claims that the defence had been unable to consult with Matlala, noting they had consulted for three days and that concessions were offered.
- After deliberations, Vusimuzi 'Cat' Matlala agreed to continue testifying while reserving his right against self-incrimination on certain questions.
