Why the Madlanga Commission cannot arrest witnesses who ignore subpoenas
Two witnesses have failed to appear. So what happens when a commission subpoena is ignored?
The Madlanga Commission of Inquiry recently found itself in a predicament after two key witnesses, Suliman Carrim and Feroz Khan, failed to appear as ordered. Carrim, a North West businessman, ignored the commission's demand to testify or undergo an independent medical assessment, citing ill health. In response, the commission opted to file a criminal charge against him to uphold the inquiry's credibility.
However, Carrim remains unarrested, formally charged, or compelled to appear before the commission. Constitutional law expert Professor Pierre de Vos explained that unlike the Zondo Commission's approach, where Justice Raymond Zondo sought an order from the Constitutional Court to compel Zuma's appearance, leading to a 15-month prison sentence for contempt, the Madlanga Commission has chosen a different route.
The commission referred Carrim's case to the prosecuting authority, which now decides whether to charge him. Similarly, Khan, a former senior Crime Intelligence officer, also ignored the commission's subpoena and is facing a criminal charge. Khan is reportedly recovering from a shooting incident outside his home in June. His legal team requested a postponement, which the commission denied.
The Health Professions Council of South Africa defended doctors' integrity amid concerns over sick notes, stating that fraudulent or inadequate medical certificates account for only 2% of complaints against doctors. However, the Madlanga Commission spokesperson could not confirm whether Khan's criminal charge had been filed or if an arrest was imminent.
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