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Matlala Invokes Privilege to Block Testimony at Madlanga Commission

2 sources · South Africa

Who reported this

  • Daily Maverick South Africa · Centre-left · Reader-funded
  • Business Day South Africa · Centre-right · Arena Holdings (Lebashe Investment Group)

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Vusimuzi "Cat" Matlala invoked his constitutional privilege against self incrimination on Monday to avoid answering questions about his relationship with suspended deputy national police commissioner Shadrack Sibiya during the Madlanga Commission. The proceedings focused on a R228 million Medicare24 tender scandal. Evidence leader Mahlape Sello challenged Matlala to explain how discussing his relationship with Sibiya would expose him to criminal liability, arguing that the privilege is not a blanket protection. Justice Madlanga noted that claims of privilege must fall within clearly defined parameters rather than being asserted in general terms.

Matlala's legal team also attempted to block the commission from accessing affidavits he filed during a collapsed plea agreement with the Investigating Directorate Against Corruption. Under that deal, Matlala would have pleaded guilty to masterminding the corrupt deal in exchange for a reduced sentence and testifying against top police officers. His lawyer, Advocate Fatima Missi, argued that these documents are privileged. Sello countered that the commission is not a court and therefore the protections of the Criminal Procedure Act regarding criminal trials do not apply. Justice Madlanga declined to rule on the subpoena of the affidavits without further written arguments.

During his testimony, Matlala claimed he was not friends with Sibiya and that their communication was limited. He stated he met Sibiya to complain about a lease with the department of public works. However, Matlala confirmed he attended an engagement party hosted by Sibiya for his son, which contradicts Sibiya's previous evidence that Matlala was only present to pick up his wife. Matlala also refused to answer questions regarding tender tycoon Hangwani Morgan Maumela.

How each side framed it

Centre-left
Framed the event as a test of the legal limits of constitutional privilege and highlighted Matlala's omissions in his affidavits.
Centre-right
Framed the event as a legal battle to block the commission from accessing a failed plea deal and described Matlala as a corruption accused and alleged syndicate kingpin.

Sources

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