The Madlanga commission has ruled that its evidence leader can use the contents of Vusimusi "Cat" Matlala's collapsed plea agreement to question him. This decision follows an objection by Matlala's lawyer, advocate Annelene van den Heever. She argued that the agreement was obtained improperly and should not be used. The commission chairperson, Justice Mbuyiseli Madlanga, ruled in favour of the evidence leader, allowing the agreement to be used.
Van den Heever had raised concerns about how the agreement came about, citing that officials from the Investigating Directorate Against Corruption had approached Matlala and led the negotiations. She claimed Matlala was assured the agreement would not be used outside the directorate. The lawyer also questioned how the commission obtained a copy of the agreement without a formal application. The defence team vehemently opposed using statements from the agreement.
Justice Madlanga's ruling stated that the nullity of the statements did not apply outside of criminal proceedings. He rejected the submissions made by Matlala's lawyers, allowing the commission to use the agreement. Shortly after the ruling, Van den Heever informed the commission of their intention to urgently review the decision.
The plea agreement relates to fraud and money-laundering charges against Matlala, connected to his company Medicare 24 Tshwane District's SAPS tender. Matlala withdrew from the agreement in July after rejecting a 12-year direct imprisonment sentence proposed by the court. The agreement was subsequently declared null and void.
During the nullified plea proceedings, the court heard that affidavits submitted by Matlala implicated senior police officials. The state indicated that the information could assist in securing convictions against these officials. The state alleges that SAPS bid evaluation committee members and senior officials colluded to bypass National Treasury regulations to award the health services contract to Matlala's company.
Investigators claim that Medicare 24 Tshwane District lacked the necessary facilities, staff, or equipment to fulfil the contract. Several senior officers who were part of the adjudication process have also been arrested alongside Matlala, facing similar charges. The commission will continue hearing Matlala's evidence until his legal team secures an interdict.
If an interdict is granted, the commission will immediately stop hearing the evidence and not consider it until the review application is finalised. The Madlanga commission's decision allows the evidence leader to question Matlala using the contents of the collapsed plea agreement.
Key points
- The Madlanga commission has ruled that Vusimusi "Cat" Matlala's collapsed plea agreement can be used to question him.
- The agreement relates to fraud and money-laundering charges connected to Matlala's company Medicare 24 Tshwane District's SAPS tender.
- Matlala's lawyer, advocate Annelene van den Heever, intends to urgently review the commission's decision.
