Corruption-accused Vusimusi "Cat" Matlala's lawyer, advocate Annelene van den Heever, has announced plans to take the Madlanga commission's ruling on review. The commission had rejected Matlala's argument that a statement he submitted as part of his collapsed plea deal process should not be used by the inquiry. The statement contains self-incriminating evidence. Van den Heever argued that the statement was provided to the commission by the National Prosecuting Authority (NPA) and should not be considered.
The Madlanga commission, led by chair justice Mbuyiseli Madlanga, rejected Matlala's representative's argument. Madlanga 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. According to Madlanga, section 105(A)10 of the law relates to criminal proceedings, not proceedings of a commission of inquiry. The commission's ruling allows it to use the statement made by Matlala.
Matlala had withdrawn from a plea deal in a R228m tender scandal case in July. He had submitted a statement during the plea deal negotiations, which is now at issue. The Criminal Procedure Act states that after a plea deal collapses and a trial starts afresh, the agreement shall be null and void. However, Madlanga's view is that this does not apply to the commission's proceedings.
Van den Heever expressed concerns about the implications of the commission's ruling. She argued that it would lead to accused persons never entering plea agreements with the state. Certain information provided during plea negotiations would be provided to commissions by the NPA and not protected as promised. This issue will have a profound impact not only on Matlala but also on the legal process as a whole.
Matlala's lawyer requested that he be heard in camera due to threats to his life and that of his family. Van den Heever stated that Matlala would not answer any questions unless this issue is addressed in camera with strict security. The commission's hearings will continue. The lawyer indicated that they would make a separate application to deal with this issue if necessary.
The Madlanga commission's proceedings have significant implications for Matlala and the broader legal process. The commission's use of the statement from the collapsed plea deal has raised concerns about the protection of information provided during plea negotiations. Matlala's lawyer is taking the ruling on review on an urgent basis.
The case will likely have far-reaching consequences for the use of plea deals in South Africa. The outcome will be closely watched by those involved in the legal process.
Key points
- Matlala's lawyer to take commission's ruling on review over use of statement from collapsed plea deal.
