The legal team of Vusimusi "Cat" Matlala expressed shock and disappointment on Tuesday after the Madlanga commission's evidence leaders used an investigator's affidavit to question their client. Advocate Annelene van den Heever argued that the meeting where the affidavit's contents were discussed was understood to be off the record and privileged. The affidavit, prepared by investigator Bongani Dlamini, details allegations of money exchange between Matlala and Shadrack Sibiya, as well as his relationship with the late taxi boss Jotham Msibi.
Van den Heever accused evidence leader advocate Adila Hassim of breaching ethical standards by using Dlamini's evidence to question Matlala. She claimed that the evidence leaders and attorneys had previously agreed not to use the statement. Van den Heever stated that she was appalled by the commission's actions and objected to further use of Dlamini's affidavit. She requested that the commission address the breach of agreement and consider expunging the evidence from the record.
However, evidence leader advocate Mahlape Sello disputed Van den Heever's account of events, denying that there was any agreement to keep the meeting off the record. Sello argued that the purpose of the meeting was to obtain a statement from Matlala and that the investigator's presence was necessary. She questioned the notion that the meeting could be considered off the record with the investigator present.
Commission chairperson justice Mbuyiseli Madlanga intervened, ruling that Matlala's testimony should continue while the parties addressed the dispute through affidavits. He directed Van den Heever to file an affidavit outlining her version of events and the relief she sought. The evidence leaders would then be allowed to respond, and the commission would consider the matter.
Madlanga stated that if the commission accepted Van den Heever's account, any evidence related to Dlamini's statements would be expunged from the record. The dispute highlights the challenges and complexities of conducting investigations and gathering evidence in a fair and transparent manner. The commission's handling of the matter will be closely watched.
The Madlanga commission was established to investigate certain allegations, and the testimony of Vusimusi "Cat" Matlala is a crucial part of the proceedings. The use of investigator's affidavits and the handling of sensitive information are essential aspects of the commission's work. The allegations against Matlala include exchange of money and relationships with prominent figures.
The commission's decision on the use of Dlamini's affidavit and the breach of agreement allegations will have implications for the investigation's credibility and the parties involved. The outcome will be closely monitored by stakeholders and observers. Key points include the commission's handling of sensitive information, the use of investigator's affidavits, and the allegations against Matlala.
Key points
- The Madlanga commission's evidence leaders used an investigator's affidavit to question Vusimusi "Cat" Matlala despite claims of an off-the-record agreement.
- Matlala's lawyer accused the commission of breaching ethical standards and requested that the evidence be expunged from the record.
- The commission chairperson ruled that the testimony should continue while the parties addressed the dispute through affidavits.
Reporting sources
- TimesLIVE · TimesLIVE
