Matlala's Lawyer Challenges Madlanga Commission's Use of Plea Deal Statement

Corruption-accused Vusimusi "Cat" Matlala plans to take the Madlanga commission to court to block the inquiry from questioning him on a statement he submitted as part of his now-collapsed plea deal process. The statement contains self-incriminating evidence. Matlala's representative, advocate Annelene van den Heever, argued that the statement provided to the Investigating Directorate Against Corruption cannot be used by the commission.

The Madlanga commission chair, justice Mbuyiseli Madlanga, rejected van den Heever's arguments on Monday. He stated that the law bars a criminal court from considering plea agreements when a trial starts afresh, but this does not apply to the commission. Madlanga said section 105(A)10 of the law relates to criminal proceedings and not to proceedings of a commission of inquiry.

Matlala withdrew from the plea deal in a R228m tender scandal case in July after submitting a statement during plea deal negotiations. The Criminal Procedure Act states that after a plea deal collapses and a trial starts afresh, the agreement shall be null and void. Van den Heever argued that the statement made by Matlala should never have been before the commission and should not be considered.

The commission's ruling would lead to accused persons never entering plea agreements with the state, as certain information provided during plea negotiations would be provided to commissions by the National Prosecuting Authority (NPA) and not protected as promised. Van den Heever indicated that they intend to take the ruling on review on an urgent basis, citing a profound impact on their client and the legal process.

Van den Heever requested that the commission hear Matlala's evidence in camera, citing threats to his life and those of his family. She stated that Matlala will not answer any questions unless the issue of the statement's content is addressed in camera with strict security. The hearings continue, with Matlala's legal team prepared to make a separate application to deal with the issue.

The Madlanga commission's decision allows it to consider Matlala's statement, despite the collapse of the plea deal. This development has significant implications for the tender scandal case and Matlala's future. His lawyer's concerns about the use of the statement and potential threats to his client's life will be addressed in the ongoing hearings.

The case will likely have far-reaching consequences for the use of plea deals and statements in commissions of inquiry. Matlala's legal team is prepared to take the matter to court to protect their client's rights and challenge the commission's ruling. The outcome will be closely watched by those following the tender scandal case and the broader implications for South Africa's justice system.

Key points

• Matlala's lawyer to take commission's ruling on review over use of statement from collapsed plea deal.