Proceedings came to a stall at the Madlanga commission of inquiry after an allegedly illegible medical certificate was submitted in support of a postponement application.
This drew a sharp criticism from commissioners, who questioned whether it adequately explained why a key witness could not testify.
The witness, described as a crime intelligence officer who cannot be named at this stage was scheduled to appear before the commission on Wednesday.
However, evidence leader Adv Matthew Chaskalson told the commission that a postponement application had been filed, supported by what he described as an illegible medical certificate. Chaskalson said the certificate did not clearly state the reasons why the witness was unable to appear.
“We are not suggesting that this application is not bona fide. It is a concern because there are repeated cases of witnesses who are called to testify and who are unable on grounds of health. It is important that these cases are properly motivated.
“Our concern with this postponement application is that the medical certificate is illegible, and what we would ask is that we stand the matter down for a day so that Mr Matlala [lawyer] and his client produce a clearer and a better-motivated medical certificate to warrant a postponement,” he said.
Short on detail
Commission chairperson Justice Mbuyiseli Madlanga echoed the concern, stating that he could not read the section of the certificate detailing the nature of the injury, which he described as the most important part.
“I am well aware of the confidentiality that may sometimes, not always, relate to people’s medical conditions, but perhaps in something like this that confidentiality issue may not apply as strongly.
“If the witness is not so ill as to be unable to depose to an affidavit, I think it would be a proper thing for him also to depose to an affidavit in addition to the medical certificate,” Madlanga said.
He added that vague medical certificates have become a recurring issue.
“These medical certificates will say a person is not fit to work, with no detail, but you find that a person is out and about. If that is the case, I do not see a reason why we would not get an affidavit,” he said.
The officer’s legal team told the commission they would seek to obtain an affidavit from their client.
Need for clarity
Commissioner Sesi Baloyi also emphasised the need for clarity in medical documentation submitted to the commission.
“In the medical certificate it must be clear that it is the doctor’s opinion and state the nature of an illness. We have had this before. If this persists, we would have to decide whether a medical doctor or health professional who signs a certificate should not be called to come and testify, if we end up with certificates like this.
“This risks being a recurring problem. It is unacceptable because this says nothing about the condition of the witness,” Baloyi said.
Proceedings are expected to continue on Thursday, when the commission will hear testimony from Ekurhuleni’s suspended human resources head, Linda Gxasheka.
