Proceedings at the Madlanga Commission were delayed on Tuesday after businessman Vusimuzi “Cat” Matlala’s legal team raised concerns over an alleged breach of legal privilege during his testimony.
Matlala’s lawyer, Advocate Annelene van den Heever, told the Commission that an agreement had allegedly been reached between Matlala’s legal team and the Commission’s legal representatives that certain portions of their consultations with him would remain off the record.
Van den Heever claimed that during Matlala’s testimony on Monday, Advocate Adila Hassim disclosed information that was covered by the alleged agreement.
However, the Commission’s Advocate Mahlape Sello denied the allegations.
Sello said the Commission’s legal team had made considerable efforts to secure Matlala’s testimony while he was being held at various correctional facilities, including the Ebongweni Correctional Centre in KwaZulu-Natal.
She explained that Matlala’s lawyers were present during consultations at Kgosi Mampuru Correctional Centre in Pretoria.
However, they were not present at Ebongweni, where the planned consultation did not proceed.
Sello argued that the Commission would not have gone to such lengths to obtain Matlala’s testimony and conduct its investigation if the information was not intended to be presented publicly.
Following the 11am tea break, it emerged that Sello had not been party to any agreement as alleged by Matlala’s lawyer.
Van den Heever was subsequently instructed to apologise for suggesting that Sello had been aware of the alleged agreement.
Tuesday's developments mark the second consecutive day that Matlala’s testimony has been delayed.
On Monday, Van den Heever argued that her client could not continue testifying because of the possibility that his evidence could incriminate him. Despite the objection, Matlala’s testimony proceeded.