By Lesedi Sibiya-Diplomatic Inside

Vusimuzi “Cat” Matlala, has returned to the Madlanga Commission of Inquiry yesterday and
has told the commission that he threatens to approach the courts in order to halt his
testimony as his senior counsel, Annalise van den Heever, had fallen ill and was unable to
attend the proceedings on Monday.

He had told the commission that he was not prepared to be cross-examined without his lead
counsel. He had also made the argument that he would need to prepare a replying affidavit
to the questions asked by the commission and their key arguments.
His junior counsel, Fatima Missi had requested from the commission that Matlala’s testimony
be postponed to Tuesday 25 August to allow for her legal team to submit the replying
affidavit and heads of argument.

“The position he has taken is that he feels that it is unfair that the commission is in a
position where his lead counsel is not here. Obviously, not of her own doing but because of
an illness that became very sudden in the manner that it attacked her,” said Missi.
She stated that as a result of this sudden illness the legal team did not have any time to
prepare heads of argument and that Matlala had been concerned that his junior legal team
was not ready and prepared to represent him.

“His instruction is that if the commission is not willing to at least grant us the afternoon to
ensure that we have those documents before you and that we have our heads put together
properly, the alternative is that he has no option but to instruct us to bring an application
interdicting the proceedings of his hearing pending the review of the decision for us not to
get a stand down until tomorrow” said Missi.

She had stated that the urgent court application would put a temporary halt to the
proceedings while the commission could review the commission’s decision to proceed with
his testimony.

“The instructions are that our application on an urgent basis would interdict the proceedings
of the hearing or him giving his testimony, pending the reviewing of the ruling that you
would’ve made, which is that we should proceed with the hearing of this matter,” said Missi.
The chairperson of the commission, Justice Mbuyiseli Madlanga, stated that even though
Matlala’s head counsel is not present to provide the heads of argument, that the commission
will still proceed without the documents.

“Written submissions, yes, they do assist legal representatives but in the main, written
submissions are prepared for the assistance of the decision-maker, not so much the arguer,”
said Madlanga.

Missi stated that Matlala is not comfortable with proceeding without a one-day
postponement and said that he is even prepared to take this to court. She also expressed

that the legal team was unable to adequately prepare and consult with Matlala because of
delays at the correctional facility where Matlala is being held.

Evidence leader Adila Hassim expressed that even though she sympathises with Missi, she
did however make it known that the counsel had known prior to Van Den Heever’s illness
and could have brought it to the commission’s attention sooner.

“They were aware that Ms Van den Heever would not be available today. This could have
been brought to us much sooner,” said Hassim. She also expressed that the counsel’s
inability to consult with Matlala is not an excuse to postpone the testimony.