North West businessman Suleiman Carrim has launched an urgent High Court application to stop the Madlanga commission from compelling his testimony.
Carrim, who is expected to testify on Friday, will take the Judicial Commission of Inquiry into Criminality, Political Interference, and Corruption in the Criminal Justice System to court on Tuesday, arguing that he is being pushed toward testimony before he has been given an opportunity to challenge the allegations levelled against him.
Carrim was implicated in testimony before the Madlanga commission by “Witness X”, alleged crime boss Vusimuzi “Cat” Matlala and Brown Mogotsi
Matlala told the commission that Carrim had someone close to Police Minister Senzo Mchunu and drew him into efforts to address a halted R360 million health risk management contract. Matlala said he pressed Carrim to mediate with the minister, allegedly sending messages like “You’ll let me know whenever he is ready,” which he said showed he relied on Carrim to engage on his behalf.
Carrim’s urgent application wants an interdict preventing the commission from “issuing a notice calling upon the applicant to file a written statement or subpoenaing the applicant or coercing him in any way to appear before the commission”.
He also wants the commission ordered to “fully and properly respond to the letters sent by the applicant’s legal team” within three days before taking any further steps against him.
According to Carrim, the commission acted unlawfully and unfairly by issuing a notice without properly engaging his attorneys’ questions .
Carrim has also been accused of pocketing cash in exchange for sensitive police information.
He says the decision violates the Promotion of Administrative Justice Act (PAJA) and breaches the constitutional principle of legality — and asks that the decisions be declared “unconstitutional, unlawful, and invalid”.
Carrim is demanding the chance to challenge the testimony already on record before he is required to give his own version.
He says despite witness’s allegations, he has “not been allowed to test their evidence”. He wants the court to order that Khumalo and Mkhwanazi be called back so they can be “cross-examined by the applicant’s legal representatives before the applicant gives oral testimony”.
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