By Johnathan Paoli
ANC-linked North West businessman Suliman Carrim was denied permission on Monday to testify behind closed doors at the Madlanga Commission.
Commission chairperson Mbuyiseli Madlanga refused the key parts of Carrim’s February application and ordered that proceedings continue in open session.
ALSO READ: Nkabinde inquiry to hear evidence from controversial former police reservist Aris Danikas
Carrim had asked to testify in camera after saying he had received anonymous death threats directed at him, his family and his business.
“The relief sought in prayers two and three of the applicant’s notice of motion … is refused,” Madlanga said.
Carrim previously challenged his subpoena to appear in court and lost, before later securing a postponement of his appearance. Previous witnesses have accused him of meddling in confidential police matters and of receiving kickbacks linked to an irregular R360 million South African Police Service tender awarded to suspected crime boss Vusimusi “Cat” Matlala.
ALSO READ: Ramaphosa not opposing Zuma, Mbeki bid to remove Khampepe from TRC cases inquiry
With the in-camera ruling settled and apologies concluded, proceedings shifted into a tense legal exchange between Carrim’s legal team and the commission’s evidence leaders over the handling of documentary evidence.
Advocate Rafik Bhana, acting for Carrim, accused the commission of unfairly providing documents at the last minute.
“Chair, I just want to place on record two matters that first deals with documents that we have been drip-fed since Friday and over the weekend. You will recall the postponement was caused by late documents that were handed to Mr. Carrim’s legal team by the commission’s evidence leaders. Following upon that, we received documents on Friday in terms of the directive, and I’ll deal with why those documents should not have been produced earlier,” Bhana said.
Madlanga sought clarity on whether the newly served documents would be used immediately, with the commission’s evidence leader, Advocate Matthew Chaskalson, replying that some material would not be used immediately, but others would.
Bhana objected, arguing the issue went beyond the number of pages, claiming that he had not had the opportunity to look at the spreadsheet that was provided.
“Whether it’s one page or six, consultations are set up with the witness, documents just keep appearing with no explanation as to why they were not given [timeously],” he said.
He said this was procedurally unfair and a “classic ambush”.
“It’s a question of fairness: the evidence leaders are trying to ambush Mr. Carrim by producing documents at a very late stage which he hasn’t had a full and proper opportunity to consult on,” Bhana said.
ALSO READ: Motsoaledi says no need to pull sanitary pads from shelves after UFS chemical study
Chaskalson rejected the accusation, saying Carrim’s legal team had themselves delayed compliance with commission directives.
“It is regrettable that some of these documents were furnished late, but it’s important to put it in context. There was a ruling by this commission that a statement had to be furnished last week Friday. Mr. Carrim and his legal team unilaterally took it upon themselves to defy that ruling,” he said.
“They would have had an extra five days with the documents that they now complain were filed late had they not unilaterally defied the ruling of this commission,” he added.
Madlanga stated that despite the concerns raised by Carrim’s counsel, they did not provide sufficient evidence to rule in their favour.
The commission continues.