By Johnathan Paoli
Controversial businessman and attempted-murder and corruption accused Vusimuzi “Cat” Matlala repeatedly invoked his right against self-incrimination on Monday as his advocate, Annaline van den Heever, clashed with the Madlanga Commission of Inquiry over how far her client could be questioned about allegations at the centre of his criminal cases.
Matlala’s appearance before the commission quickly descended into a legal tussle between Van den Heever and evidence leader Mahlape Sello, with the defence lawyer insisting she had a duty to protect her client’s constitutional rights while criminal proceedings against him were ongoing.
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Matlala is in custody awaiting trial on charges including fraud, corruption and money laundering linked to the R360-million Medicare24 SAPS health services tender.
He also faces charges of conspiracy to commit murder and illegal possession of firearms and ammunition relating to an alleged attempted assassination of his former partner, actress Tebogo Thobejane.
Van den Heever repeatedly intervened when questions appeared to touch on matters forming part of the criminal cases.
At one point, Commissioner Sesi Baloyi accused her of effectively answering questions on Matlala’s behalf.
“What you are doing now is giving answers the witness should give, and that’s improper,” Baloyi said.
Van den Heever disagreed, saying Matlala was capable of answering questions himself.
The advocate also told the commission that Matlala’s legal team had received about 2,000 pages of additional material the previous night, containing significant new information.
She asked for Matlala’s evidence to be postponed so he could file a supplementary statement dealing with the material and several legal issues she intended to raise.
Commission chairperson Justice Mbuyiseli Madlanga rejected the request, saying he preferred Matlala’s existing statement to be read into the record, after which commissioners could ask questions for clarification.
Sello disputed Van den Heever’s suggestion that evidence leaders had agreed not to question Matlala.
She acknowledged that additional documents had been delivered late but attributed this to changes in the dates of Matlala’s criminal proceedings.
She said the material included full statements and WhatsApp conversations from which evidence already presented to the commission had been drawn.
Madlanga subsequently swore Matlala in and directed that his statement be read into the record.
The legal battle intensified when Sello questioned Matlala about his business dealings, relationships with police officials and allegations surrounding the Medicare24 contract.
Matlala repeatedly declined to answer where he believed his evidence could expose him to criminal liability.
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On the Medicare24 tender, he explicitly invoked his privilege against self-incrimination.
“I do not wish to give evidence that may lead to self incrimination and therefore I claim the privilege against self incrimination,” Matlala said.
He argued that the tender was already the subject of criminal proceedings and that evidence had yet to be led in court.
Matlala also said he was entitled to be presumed innocent and should not be required to answer questions that could incriminate him.
He refused to answer questions about his relationship with Medicare24 chief executive Mike van Wyk, saying Van Wyk was a state witness against him.
The commission also encountered resistance when Matlala was questioned about police officials he had allegedly bribed or with whom he allegedly had relationships.
He declined to discuss allegations involving Deputy National Police Commissioner Shadrack Sibiya, including claims concerning the delivery of impalas, saying the matter formed part of the Medicare24 criminal investigation.
He similarly refused to provide details about a Luxo Africa bank card allegedly held by suspended SAPS Sergeant Fannie Nkosi, saying the matter was connected to financial investigations involving Medicare24.
Matlala did, however, answer questions about several relationships that he said fell outside the criminal case.
He denied knowing Crime Intelligence deputy chief Major-General Feroz Khan and Lieutenant-General Molefe Fani, while saying he knew former national police commissioner Khomotso Phahlane.
He also denied ever meeting suspended Police Minister Senzo Mchunu or asking him for favours.
The commission ultimately allowed Matlala to answer questions where he was prepared to do so, while “parking” several disputed questions for his proposed supplementary statement and further legal argument.
The commission continues.
