By Lehlohonolo Lehana.
The Madlanga Commission of Inquiry declined to confirm whether underworld kingpin, Vusimuzi “Cat” Matlala will testify virtually or in person when he appears before the inquiry on 15 July.
Matlala, who had been subpoenaed to testify on Tuesday, agreed to appear on condition that he is not questioned about the SAPS Medicare24 Tshwane District tender matter, which is the subject of a separate investigation.
His appearance was postponed after both the commission’s legal team and Matlala’s lawyers requested additional time to finalise his supplementary witness statement and supporting documents.
Commission chair Justice, Mbuyiseli Madlanga, granted the application and directed that the supplementary statement be filed by Wednesday.
The commission continued to hear evidence relating to South African Police Services (SAPS) Deputy Head of Crime Intelligence, Feroz Khan.
Yesterday the commission heard how Khan misused his position to benefit an ally in the tobacco industry.
The commission heard Khan shared confidential police information related to the VBS Mutual Bank fraud investigation with EFF leader Julius Malema through businessman Mohamed Sayed.
VBS Mutual Bank collapsed in 2018 after the discovery of a multi-billion-rand fraud and looting scheme that resulted in significant financial losses for municipalities and thousands of depositors. Several individuals have since been prosecuted, while investigations into those linked to the scandal have continued.
During proceedings on Tuesday, evidence leader Michael Chaskalson read WhatsApp messages which suggest confidential information, including the home address of VBS curator Anoosh Rooplal, was passed to Malema through Sayed. Chaskalson stressed that the messages have not yet been tested as evidence before the commission.
He also referred to a plea agreement by former VBS chairperson Tshifhiwa Matodzi, in which Matodzi claimed that Malema and the EFF received millions of rand in bribes. Those allegations have also not been tested before the commission.
“The WhatsApp messages suggest that confidential information relating to the VBS investigation, including the home address of curator Anoosh Rooplal, was conveyed to Malema through Mohamed Sayed,” Chaskalson told the commission.
The commission also heard that on 10 June 2021, Sayed forwarded at least six messages to Khan purportedly from Malema.
The messages included an Operation Dudula poster calling for supporters to join a protest against undocumented migrants in Diepkloof on 16 June.
The following day, Khan sent Sayed, a list of questions he believed Malema should pose to Intelligence Inspector-General, Setlhomamaru Dintwe, during an appearance before Parliament’s Ad Hoc Committee.
Sayed also forwarded a separate set of questions that former Police Minister Bheki Cele should be asked during his appearance before the committee, claiming they had come from Malema.
Chaskalson suggested the purpose of the questions was to corner the minister and Inspector-General into making false statements before Parliament that could later be used to justify their removal from office.
Chaskalson also read Malema’s statement into the record. “I deny that I conspired to orchestrate the removal of Dr Dintwe.”
“I evidently cannot confirm whether these extracts are a true recordal of their engagements or the authenticity of those extracts,” Malema said.
He said that without clarity on the authenticity of the chats and the basis on which he was implicated, he was unable to “meaningfully respond in [his] defence”.
The commission also examined messages in which Khan’s associates sought his assistance with criminal investigations.
The commission continues to hear evidence as it investigates allegations of interference, corruption and misconduct within South Africa’s law enforcement and intelligence structures.
Meanwhile, the Commission says it would welcome a short extension to its mandate should President Cyril Ramaphosa approve one.
The remarks follow the President’s indication that he is open to considering a request to extend the commission’s term if necessary.
Commission spokesperson, Jeremy Michaels, said several key witnesses still need to testify and additional time may be required to ensure all relevant evidence is heard.
While acknowledging that unforeseen developments could require further extensions, Micheals said the commission remains committed to completing its work as efficiently as possible.
Public hearings are expected to conclude at the end of July, with the commission’s final report due to President Cyril Ramaphosa by 31 August.