Madlanga Commission orders criminal charge against Suliman Carrim
The Madlanga Commission has ordered its secretary, Dr Nolitha Vukuza, to lay a criminal charge against controversial North West businessman Suliman Carrim after he failed to appear before the inquiry several times.
Chairperson Justice Mbuyiseli Madlanga made the order after evidence leader Adila Hassim asked the Commission to record Carrim’s non-attendance and refer the matter to the relevant authorities for possible breaches of the Commission’s Act and regulations.
Carrim’s appearance has been postponed several times due to claims that he is medically unable to testify.
On 29 July, the Commission ruled that Carrim would have to undergo an independent medical assessment if he was to be excused from appearing.
READ: Carrim set to miss Madlanga Commission appearance again as health concerns persist
Hassim told the Commission that the evidence leaders immediately took steps to implement the ruling.
An independent specialist was identified and proposed to Carrim’s representatives on 30 July. After receiving no further response, the evidence leaders approached the relevant professional association, whose president nominated an independent specialist.
Those details were communicated to Carrim’s lawyers on 6 August.
But Carrim did not consent to the independent medical assessment.
Instead, his treating doctor submitted a report to the Commission on 12 August.
Hassim questioned the report, saying it was provided only two days before the hearing and was marked strictly private and confidential.
She said this prevented the evidence leaders from obtaining an independent expert opinion on the detailed clinical information contained in the report.
“That places us in a difficult position,” Hassim said.
She also raised concerns that the report did not address the significance of Carrim’s reported outings, including visits to a well-known retail store and a health eatery, which had previously been raised before the Commission.
Carrim’s legal representative argued that the latest report explained his condition and the circumstances following the Commission’s ruling.
He also pointed to a medical incident Carrim allegedly experienced on 11 August, saying this helped explain why the report was only submitted the following day.
But Madlanga stressed that the Commission had specifically ordered an independent assessment of Carrim.
“To counter the question whether Mr Carrim is indeed unable to come to this Commission, the Commission has said it wants to have him assessed by an independent specialist,” Madlanga said.
“He has refused that that should be done.”
Hassim said the Commission should now proceed with the evidence already before it and draw conclusions on outstanding issues where Carrim had not provided answers.
She also highlighted information that remained outstanding, including financial statements requested from Carrim.
“The evidence we have is the evidence we got. And let’s live with that, is what I’m proposing,” Hassim said.
She then asked the Commission to formally record Carrim’s non-attendance and refer the matter to the National Prosecuting Authority or another relevant authority.
Hassim said this should allow for consideration of possible breaches of the Commission’s Act and regulations.
“The reason for that is that the Commission, through its ruling, has given Mr Carrim a fair and objective route to establish medical unavailability,” she said.
“He chose not to opt for that route.”
Carrim’s legal representative argued that criminal proceedings would be an extreme measure and urged the Commission to consider alternatives.
Madlanga has now ordered the Commission to initiate the criminal process against Carrim.
He said the Commission had to take its own processes seriously and made it clear that this marks the end of its expectation that Carrim will return to complete his testimony.
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