The Madlanga Commission has refused an application by alleged crime boss Vusimuzi “Cat” Matlala to postpone his testimony.
Matlala returned to the commission on Monday, 24 August, but his legal team said it had struggled to consult with him while he is incarcerated.
Lawyers cite consultation problems
Matlala’s lawyer, Advocate Fatima Missi, told the commission that the legal team had faced difficulties consulting with him at Kgosi Mampuru C Max Prison.
Lead advocate Annelene van den Heever was also absent from Monday’s proceedings after falling ill.
Missi said the legal team had repeatedly encountered restrictions while trying to consult with Matlala, which had affected their preparation for his appearance.
After considering the application, the commissioners refused the postponement request.
Self-incrimination argument must proceed
The ruling means Matlala’s lawyers must make substantive arguments on his right against self-incrimination.
His legal team is expected to argue that this right prevents him from answering several questions before the commission.
Matlala has previously declined to answer several questions during his testimony, citing concerns that his answers could affect his pending criminal proceedings.
His testimony had already been postponed the previous Monday to allow him additional time to consult with his legal representatives and prepare a supplementary affidavit.
Legal team threatens court action
Matlala’s lawyers also indicated that they were prepared to approach the courts after the commission rejected their latest application.
Missi said the legal team could seek an interdict if the commission did not allow the postponement.
The lawyers argued that they were not adequately prepared to proceed and that Van den Heever’s absence made it difficult to continue.
Despite those submissions, the commission maintained that the hearing would proceed.
Matlala’s legal team must now address the commission on the limits of his right against self-incrimination as his testimony continues.