Madlanga Commission tightens grip on witnesses with criminal charges

The Madlanga Commission has intensified its approach to ensuring witness attendance, with South African businessman Suliman Carrim now facing criminal charges for evading a subpoena. Major-General Feroz Khan's recent hospitalization has shed light on another witness's failure to appear, as Khan's lawyer has requested a hearing postponement.

Commission spokesperson Jeremy Michaels emphasized that Madlanga had directed the commission's secretary to issue criminal charges against Carrim, and the matter is now under the purview of the commission's Recommendations Task Team. Carrim had previously appeared before the commission on March 9 and 10 but failed to return, citing medical reasons.

He was later seen at Woolworths and Kauai, allegedly under the guise of medical treatment. The commission has sent a clear message that non-compliance with subpoenas will not be tolerated, as witnesses who fail to comply face consequences. Legal expert Ephraim Lusenga stated that a subpoena is a legally binding document, and failure to appear without sufficient cause, or refusal to take an oath, answer questions, or produce required documents, could result in fines, imprisonment, or both.

Carrim's repeated absences, particularly after being given an opportunity to undergo an independent medical assessment, could strengthen a case of deliberate non-compliance. While Carrim's case moves into the criminal justice system, Khan's continued absence has drawn attention to his medical condition. Michaels reiterated that Khan's subpoena remains active, and his testimony is required.

Ntabiseng Dubazana, another legal expert, noted that the commission can scrutinize medical evidence if a witness relies on ill health to avoid appearing. She emphasized that credible medical evidence could constitute sufficient cause for Khan's absence. The issue of witness non-compliance has been highlighted by past cases, such as former President Jacob Zuma's refusal to testify before the State Capture Commission, resulting in his contempt of court conviction.