Madlanga Commission Allows Cat Matlala’s Failed Plea Deal Statement To Be Discussed

The Madlanga Commission has ruled that controversial businessman Vusimuzi “Cat” Matlala’s failed plea-deal statement can be discussed during its proceedings, despite objections from his legal team.

Commission chairperson Justice Mbuyiseli Madlanga ruled that Section 105A(10) of the Criminal Procedure Act applies specifically to criminal proceedings and does not automatically prevent the statement from being considered by the commission.

The decision followed a lengthy legal argument between the commission’s evidence leaders and Matlala’s advocate, Annaline van den Heever, who challenged the use of documents linked to his abandoned plea and sentence agreement with the Investigating Directorate Against Corruption (IDAC).

Cat Matlala’s Lawyers Challenge Disclosure Of Failed Plea Deal

Van den Heever argued that the documents should not have been handed to the commission, maintaining that information exchanged during Matlala’s failed plea negotiations was protected under the Criminal Procedure Act.

She warned that allowing the statement to be discussed could undermine the administration of justice and discourage accused persons from entering into plea agreements in future.

According to the defence, Matlala had been assured that statements and documents submitted during negotiations would fall away if the agreement was not finalised.

Van den Heever also questioned the conduct of IDAC officials, arguing that handing the documents to the commission was unlawful.

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However, evidence leader Mahlape Sello opposed the application, arguing that the commission was entitled to consider evidence relevant to its investigation.

Sello said Matlala’s legal representatives had known since September that the evidence leaders intended to address the contents of the failed plea-deal documents.

She further argued that the objections were an attempt to frustrate the commission's work.

Commissioner Sesi Baloyi also questioned why portions of Matlala’s statement dealing with his appearance before Parliament’s ad hoc committee and his meeting with KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi could not be discussed.

Van den Heever maintained that doing so could infringe on her client's fair trial rights, particularly because he is facing criminal charges.

Under questioning, she conceded that the statement could potentially provide investigators with leads, although she continued to oppose its disclosure to the commission.

Failed Matlala Plea Deal Named Former Senior Police Officials

Matlala’s abandoned plea agreement attracted attention because he had reportedly agreed to testify against several high-ranking current and former police officials.

Among those he had indicated he would implicate were former police deputy national commissioner Shadrack Sibiya and former police minister Bheki Cele.

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However, the agreement collapsed after the sentence initially agreed upon was increased by the presiding magistrate.

The commission's ruling means the contents of the failed plea-deal statement can now be ventilated during its proceedings, although Matlala's objections centred on the potential implications for his ongoing criminal case.

Cat Matlala Faces 25 Criminal Charges

Matlala is facing 25 criminal charges in the Gauteng High Court in Johannesburg, including allegations relating to three attempted contract killings.

He has also been linked to allegations of police corruption surrounding the now-cancelled R360 million Medicare24 Tshwane district health services contract.

The commission is examining allegations of corruption and criminal infiltration within law enforcement structures, with Matlala's dealings and alleged links to senior officials forming part of the broader investigation.