The Madlanga Commission has postponed the testimony of businessman Vusimuzi “Cat” Matlala until 1 September after his legal team argued that appearing before the inquiry at this stage could affect his pending criminal case.
Judge Mbuyiseli Madlanga granted the postponement but ordered Matlala to submit his statement to the commission by 29 July.
Madlanga Commission Delays Vusimuzi Matlala’s Testimony
Matlala’s legal representatives asked the commission to postpone his appearance, arguing that he could not testify while issues linked to his rejected plea agreement remained unresolved.
His lawyers said the plea agreement contained confidential information and warned that giving evidence before the commission could prejudice his constitutional right to challenge the state’s case in the criminal proceedings.
Matlala is facing charges connected to the R228-million South African Police Service (SAPS) tender matter, with the criminal trial expected to begin on Monday.
Vusimuzi Matlala’s Lawyers Cite Outstanding IDAC Documents
Advocate Annelene van den Heever told the commission that the defence had not yet received all the relevant documents from the Investigating Directorate Against Corruption (IDAC).
She said the outstanding material made it difficult to properly advise her client before he testified.
Van den Heever also argued that Matlala risked incriminating himself if he gave evidence before reviewing all the documents.
[Madlanga Inquiry Hears Heated Arguments Over Vusimuzi Matlala’s Bid To Delay Testimony]
She added that she had not participated in negotiations surrounding the plea agreement and therefore needed time to understand the discussions that had taken place.
“During a plea deal, there are other negotiations that happen between investigators,” Van den Heever told the commission.
“I need to know what was discussed in the pre-negotiations,” she said.
Madlanga Commission Orders Statement Before September Hearing
Matlala’s legal team also requested additional time to consult with him and prepare for his appearance before the commission.
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Judge Madlanga approved the postponement and directed that Matlala file a signed affidavit and supporting submissions by 29 July.
The commission also confirmed that Matlala is expected to return to give evidence on 1 September.
