The Madlanga commission of inquiry has dismissed a preliminary application by North West businessman Suliman Carrim to argue the merits of his request to testify in camera.
The ruling was delivered by commission chairperson Justice Mbuyiseli Madlanga during the commission’s sitting in Pretoria on Friday morning.
Carrim, through his legal representative Advocate Kameel Premhid, had brought an interlocutory application seeking permission to present arguments for why his testimony before the commission should be heard behind closed doors.
Applications heard in open session
However, Madlanga rejected the request, stating that applications for in-camera hearings are ordinarily heard in open session.
“All applications for in-camera hearings have been conducted in open session,” Madlanga said.
He indicated that he was not aware of any exceptional circumstances in Carrim’s case that justified deviating from this approach.
Premhid told the commission that Carrim had received threats and had been under surveillance, which he argued justified the request for the proceedings to be held in private.
Carrim’s legal team also argued that disclosing the details of their application in open session would prejudice their client.
Madlanga questioned how the alleged threats would affect Carrim’s scheduled appearance before the commission.
Premhid responded that publicly confirming Carrim’s appearance would expose him further, arguing that his client did not want it known that he was expected to testify on Monday and Tuesday (next week).
Carrim’s legal team maintained that their client was willing to testify but required appropriate protective measures.
Premhid further argued that the application had become moot because certain developments had already been disclosed to the opposing parties, which, he said, had prejudiced Carrim’s position.
Dealing with threats, limiting public access
Commissioner Sesi Baloyi said the application appeared to consist of two separate issues, the alleged threats against Carrim and the request to limit public access to his documents and testimony.
Baloyi suggested that the threats could have been raised openly before the commission. She further argued that Carrim had not established a sufficient basis to justify the request for secrecy.
She added that Carrim’s approach would require the alleged threats to remain confidential, preventing them from being disclosed publicly.
Premhid responded that the commission’s rules allow certain information to be kept confidential.
No room to make own rules
However, Madlanga ruled that Carrim could not rely on alleged threats to justify his failure to submit a statement.
“Mr Carrim cannot make his own rules and characterise his lack of filing his statement as threats,” Madlanga said.
Carrim, has been implicated in evidence before the commission probing allegations of criminal infiltration and corruption within South Africa’s criminal justice system.
Witnesses have alleged that he acted as a middleman between alleged Big 5 drug cartel member and controversial tender tycoon Vusimuzi “Cat” Matlala and senior political and police figures, including suspended police minister Senzo Mchunu.
The allegations relate to a controversial R360-million South African Police Service (SAPS) tender awarded to a company linked to Matlala. Witnesses have claimed Carrim used his political connections to influence senior police officials to assist the company in securing payments on purchase orders.
Evidence presented to the commission also includes bank records indicating that Matlala paid Carrim R1.5 million in February 2025, which investigators allege may be linked to the tender.
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