The Madlanga Commission has heard arguments over attempted murder accused Vusimuzi “Cat” Matlala’s reliance on a Section 204 affidavit to invoke his right against self-incrimination.
The documents relate to a plea agreement process that was later abandoned.
Commission Chairperson Justice Mbuyiseli Madlanga told Matlala that he must identify the specific offences he fears incriminating himself in before claiming the privilege.
“That’s not the test. The test is, is there a crime? What is that crime? Does the question being put to you relate to that crime? And are you therefore entitled to assert the privilege? The test is not this has somehow been touched on in my Section 204 statement. That’s not the test.”
Monday’s proceedings:
Earlier, there was a tense exchange over a hypothetical scenario in which businessman Matlala’s legal team said it would walk out, if the Commission proceeded without granting them additional time to prepare their client.
However, when questioned directly, Matlala said he had not made up his mind on whether his lawyers should withdraw.
Commissioner Sesi Baloyi described the conflicting positions presented by Matlala and his legal counsel Advocate Fatima Missi as deeply problematic.
“Ms. Missi, what’s happening now is deeply problematic. I asked you directly, is it your instructions from Mr. Matala? You said yes. That’s deeply problematic. Whatever stand-down you get to go and consult with him, I would like you to end on that note from me. It’s deeply problematic what just happened now, and I hope you find a way to address it. Because what it suggests and represents is what you said in response to my questions is that is not the true position, given what Mr. Matala is saying now.” says Baloyi.
