The Madlanga Commission has decided to lay a criminal charge against ANC member and businessman Suliman Carrim after he again failed to appear before the inquiry on Friday, 14 August. Carrim had also refused to undergo an independent medical assessment ordered by the commission. The decision follows months of disputes over his repeated absence.
Commission chairperson Justice Mbuyiseli Madlanga said Carrim’s continued failure to appear could not be left unanswered. “The commission is going to set the criminal process in motion. The commission will direct the commission secretary to lay criminal charges against Mr Carrim.”
Madlanga said failing to act could encourage other witnesses to ignore summonses to appear before the commission. “If the commission were not to do that, witnesses will decide willy-nilly not to appear before it. The commission will lay criminal charges against Mr Carrim.”
He later said: “That’s the end of the road insofar as us having Mr Carrim before us.”
Madlanga Commission Rejects Carrim Medical Assessment Dispute
The dispute centres on Carrim’s medical condition and his continued reliance on medical reasons for not attending the hearings. The commission ruled in July that he should undergo an independent medical assessment, but his lawyers did not agree to the proposed evaluation.
Evidence leader Adila Hassim said the commission obtained the details of an independent specialist the day after making its decision. “On August 3, we wrote and asked for a response by August 10 on whether Mr Carrim consented to an independent evaluation. No response was received,” Hassim said.
[Madlanga Commission Hears Fannie Masemola Was Unfairly Targeted In Matlala Investigation]
Instead, the commission received another report from Carrim’s treating doctor on 12 August. The report came amid questions over Carrim’s ability to leave the facility where he was receiving treatment and visit Woolworths and Kauai despite being described as medically unable to attend the commission.
Madlanga questioned the distinction made between the visits and ordinary outings. “From where I am sitting, they appear to have been outings even if you say they are not outings.”
Carrim’s advocate, Kameel Premhid, disputed that characterisation. Madlanga also raised concerns about the treating doctor’s changing explanation regarding Carrim’s ability to leave the facility.
“A patient can only go out of the facility if I allow them to go (the doctor said). But once we got the Woolworths and Kauai visits, the doctor changes tack and says even nurses allow patients out.”
Hassim said the latest medical report did not address the daily outings. “The report is essentially an opinion by the same treating doctor, and it provides – notably, it says nothing about the daily outings by Mr Carrim. There is reference to Woolworths and Kauai and annoyance of why that was made public.”
Carrim Lawyer Challenges Independent Medical Assessment
Madlanga said the commission needed an independent medical opinion because it could no longer rely solely on Carrim’s treating specialist. “To counter the question of whether Mr Carrim is indeed unable to come to this commission, he needs to be independently assessed.”
He added: “This is a doctor who has so aligned himself with Mr Carrim, I’m not saying he is lying (but) we do want an independent assessment.”
Premhid questioned whether the commission had the legal authority to require Carrim to undergo an independent examination. Madlanga responded that Carrim would not be physically forced to attend an assessment.
[Fadiel Adams To Stand Trial In September Over Alleged Interference In Magaqa Murder Case]
“There is no compulsion. On the vires (power to do so) issue, there is no compulsion. If he chooses not to go, nobody will force him. Nothing stops me from dealing with it.”
Madlanga then confirmed that the commission was considering criminal proceedings. “The commission is minded to refer Mr Carrim for criminal process. What the relevant authorities do is for them to decide. Whether to the SAPS to lay charges, or the NPA – that is their decision. That is what the commission is minded to do.”
Premhid rejected any suggestion that Carrim was attempting to avoid accountability. “Any suggestion my client is running away from accountability needs to be responded to. Those mechanisms are there, and if we need to cooperate, we will.”
He also pointed out that Carrim’s doctor had offered to appear before the commission in camera and be cross-examined.
Madlanga Commission Says It Must Act Against Carrim
Commissioner Sesi Baloyi said the immediate issue was Carrim’s failure to appear. “Mr Carrim has not appeared as he was due today. He would be excused if we get an independent medical report. There is no basis for us to say he is properly excused from being here. The bottom line is that the conditions have not been complied with. Is it not that simple?”
Premhid conceded the point. “On your narrow reading, I can’t disagree with you because non-compliance has arisen.”
However, he argued that a criminal referral would be unnecessarily punitive and said the commission had other ways to examine Carrim’s medical evidence. “Rather than a recommendation to obtain a punitive outcome – there are less intrusive means available rather than a criminal referral. If the commission does that, it brings that line of inquiry to an end and passes it to a different functionary.”
Madlanga rejected that argument. “Laying a charge is not recommending a charge – it’s for SAPS to decide whether or not to investigate.”
Hassim urged the commission to proceed, saying it had a responsibility to regulate its own processes. “It’s important the commission does now: it has a duty and the power to regulate its own processes.”
She said the matter had to be considered in the context of a possible breach of the Commissions Act. “That’s the context in which we find ourselves here. In my view and submission to the commission, it is urgent to do so.”
Madlanga agreed that the criminal charge should be laid. Carrim can now challenge the decision and argue his medical condition and the legality of the commission’s directive through the criminal process.
SEE TODAY'S TOP HEADLINES ACROSS LEADING PUBLICATIONS
“Nothing can stop Mr Carrim from taking us on review.”
Carrim is facing serious allegations linked to the commission’s investigation, including claims that he co-funded a police tender won by alleged crime boss Vusimuzi “Cat” Matlala.
