The Madlanga Commission has requested that North West businessman Suliman Carrim undergo an independent medical assessment after failing to appear before the inquiry for a second time.
Carrim was scheduled to testify before the Commission on Thursday but did not attend proceedings. It was reported that he had once again fallen ill and had been admitted to hospital.
As a result, his testimony has been postponed to 15 July.
The Commission indicated that it intends to appoint an independent medical specialist to assess Carrim's fitness to testify. Should the assessment confirm that he is medically unfit, the Commission says it will accept the finding and proceed without his oral evidence.
In that scenario, the inquiry would rely on evidence already before it when making its findings.
However, the Commission warned that if Carrim refuses to undergo an independent medical evaluation, it may consider recommending that he face prosecution under Sections 5 and 6 of the Commissions Act, as well as Regulation 1224, for allegedly obstructing or hindering the Commission's work.
Evidence leader Matthew Chaskalson said the Commission's priority is to establish whether Carrim is genuinely unable to testify.
"If he has subjected himself to an independent examination by a specialist appointed by the Commission, and that independent specialist confirms his incapacity to testify, we won't ask for him to be called again," Chaskalson said.
He added that if Carrim is declared medically unfit, the Commission will not insist on his appearance on 15 July.
"We won't have time to hear his evidence, but we will ask the Commission to make its findings in relation to all matters relevant to his evidence," Chaskalson said.
The Commission's decision is aimed at ensuring the integrity of its proceedings while balancing the need to accommodate legitimate medical concerns.