North West businessman Suliman Carrim’s testimony before the Madlanga Commission has been postponed to 15 July after he was hospitalised again on Thursday, the second time health issues have derailed his appearance .
The commission’s chief evidence leader, Matthew Chaskalson, said a request has been made for Carrim to be medically examined by a specialist appointed by the commission to probe his incapacity to testify due to ill health . He said Carrim has not responded to that request and that the commission is running out of time .
Chaskalson said that since the postponement in April, Carrim tends to be hospitalised close to his appearance before the commission, calling that pattern worrying . He warned that if Carrim does not agree to be examined by an independent specialist, evidence leaders would ask the commission to recommend that he be prosecuted under the Commissions Act for hindering proceedings .
Under the act, any person who wilfully interrupts proceedings shall be guilty of an offence and liable on conviction to a fine or imprisonment of up to six months .
Chaskalson also told the commission that Carrim has not provided documents he indicated in March he would, including a business contract with controversial tender tycoon Hangwani Morgan Maumela, audited financial statements of his construction company, and an explanation of a R2.1 million payment to the companies of Vusimusi Cat Matlala .
Carrim had previously testified that he lent Matlala R10 million and was not aware of additional payments .
Carrim’s legal representative, advocate Kameel Premhid, said the legal team could not provide documents because they act on instructions and Carrim has been ill . He argued the commission does not have the legal authority to compel an independent medical examination and urged the commission to consider the balancing exercise of constitutional rights .
The commission postponed the matter to 15 July, when it will determine whether Carrim can resume his testimony or whether it must proceed based on evidence already before it .