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The Madlanga commission of inquiry evidence leaders want North West businessperson Suliman Carrim to be medically examined by an independent specialist, after his testimony was, yet again, postponed on Thursday. Carrim was scheduled to testify on Thursday before the commission investigating allegations of criminal infiltration in law enforcement agencies but this was postponed due to his hospitalisation. The commission’s chief evidence leader, Matthew Chaskalson, said a request has been made to Carrim’s legal team for him to be medically examined by a specialist appointed by it, to probe his incapacity to testify due to ill health. “We asked Mr Carrim to make himself available to a specialist appointed by the commission. He has not responded to that request. We are running out of time,” Chaskalson said. Chaskalson asked for the testimony to be postponed to July 15.“If he has subjected himself to an independent examination by a specialist appointed by the commission, and that independent specialist confirms his incapacity to testify, we will not ask for him to be called again,” he said. He said since the postponement in April, Carrim tends to be hospitalised close to his appearance before the commission, adding, “That is worrying.” Chaskalson said the evidence leaders were considering putting before the commission that if Carrim does not agree to be examined by an independent specialist, the evidence leaders would ask the commission to recommend that he be prosecuted for interrupting the proceedings. The Commissions Act provides that any person who willfully interrupts the proceedings of a commission or its functions shall be guilty of an offence, and liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and imprisonment. Chaskalson also told the commission that Carrim has not provided it with documents he indicated in March that he would.The documents include a business contract with controversial tender tycoon Hangwani Morgan Maumela, audited financial statements of Carrim’s construction company and an explanation of payment of R2.1m to attempted murder accused Vusimusi “Cat” Matlala’s companies, which was not disclosed to the commission. Carrim testified that he lent Matlala R10m and said he was not aware of the additional payments of R2.1m to Matlala’s companies. Carrim’s legal representative, advocate Kameel Premhid, said the legal team could not provide the commission with the documents needed for evidence because they act on instructions and Carrim has been ill. Premhid has asked for a legal prescript giving the commission authority to insist on Carrim being independently examined by a doctor appointed by the commission. He argued that the commission did not have the legal authority to compel an independent medical examination. “We have provided the commission with four medical reports, giving all the details of all treating doctors, and before we must leapfrog to subjecting a person to a compelled medical examination or potentially a voluntary one, we must think about the balancing exercise of constitutional rights,” Premhid said.“If there is a less intrusive means that nonetheless enables the commission to do its job, then we would argue from the perspective of proportionality and reasonableness and balance that is an available mechanism.”The commission continues to hear evidence.
