Tempers flared at the Madlanga commission of inquiry on Tuesday when senior counsel for North West businessman Suliman Carrim went head-to-head with commission chairperson, retired justice Mbuyiseli Madlanga.
This was moments before Carrim was expected to begin his testimony on day two of the proceedings.
Legal team seeks postponement
Carrim’s legal representative, advocate Rafik Bhana, told the commission that his legal team would apply for a postponement of Carrim’s testimony, arguing that they had not been given sufficient time to review the hundreds and thousands of documents recently provided by the commission’s evidence-leading team.
Bhana said the legal team received an email at 6am from the commission informing them that investigators had uncovered evidence suggesting Carrim made two additional payments to Vusimuzi Matlala’s company Medicare24 that had not previously been disclosed.
He requested that proceedings stand down until 12pm to allow his team time to prepare and file a formal application for a postponement.
More bank transactions uncovered
However, evidence leader advocate Matthew Chaskalson disputed claims that the documents had been withheld from Carrim’s legal team.
Chaskalson told the commission that while reviewing Medicare24 bank statements at about 5am on Tuesday morning, he identified two payments made by Tazmica Construction, a company owned by Carrim.
The payments, which total more than R2-million, were allegedly made in 2024.
He added that the bank statements had not been withheld and maintained that the documents Bhana was referring to were not intended to be used during Carrim’s testimony.
Heated exchange with Madlanga
After hearing arguments from both sides, Madlanga asked Bhana that if the commission were not inclined to postpone proceedings but allowed him time to consult with his client, how much time he would require.
“I think at least two hours and I will come back if I need more time. But I do want to say that it seems that you have prejudged an application…,” Bhana said.
Madlanga responded sharply, saying he took strong exception to the remark.
“You are an experienced counsel. You know that judges will engage you during argument to an extent that you will think they are against you, but in the end you are surprised that the judgment is in your favour,” Madlanga said.
“Engaging counsel has got nothing to do with matters being prejudged. I take strong exception to that attitude. In fact, I find it unprofessional for you to say that.”
Bhana replied that the chairperson should not take exception to his comment.
“I don’t think that you should take exception because what you put to me was that you were not going to allow an opportunity for a postponement,” he said.
Madlanga rejected the claim.
“I did not say that. We can play the recording. I can be rough and say you are lying,” he said.
Bhana then tendered a conditional apology, which Madlanga declined to accept.
“I am saying I am not accepting the apology,” the commission chairperson said.
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