Madlanga rejects Qxasheka’s bid to delay testimony over ‘voluminous’ tender documents

On Friday morning, the commission was confronted with yet another application, but this time chairperson Mbuyiseli Madlanga refused to grant it.

Legal representative for suspended Ekurhuleni Head of Human Resources, Linda Qxasheka, Emmah Magula, asked that proceedings be stood down until Monday, saying the defence had received voluminous documents that required further consultation.

“We were meant to proceed as arranged yesterday. However, we are facing a predicament, and I humbly request that the matter stand down until 2 March,” Magula asked the commission.

She said the legal team had received the tender documents, running to approximately 411 pages, in the early hours of the morning.

“We received documents around midnight, and upon perusing them, we realised they require thorough attention before Ms Qxasheka can proceed. They are voluminous,” she said.

Magula added that the bundle included not only the tender itself, but also transcripts of Dr Mashazi and spreadsheets. Three additional emails were also received, one on Friday morning and two late the previous night.

“We began consulting yesterday, but due to the bulk of the documents, we have not completed the process. We do not wish to waste the Commission’s time. We want to assist the commission so that we can reach finality in Ms Qxasheka’s testimony,” she said.

However, evidence leader Matthew Chaskalson opposed the postponement.

“Chair, we oppose the postponement,” he said.

Chaskalson told the commission that the tender bundle had been provided late on Wednesday night and that questioning on it had already been paused the previous day to allow the witness and her legal team time to prepare.

“Those documents are not new,” he said.

He further clarified that only two documents were genuinely new: a two-page letter from the witness regarding retirement fund rules and medical benefits, and a 14-page arbitration award.

“The arbitration award speaks for itself and requires only a few short questions,” Chaskalson argued. “We can’t just roll over to Monday. We have another witness scheduled.”

Madlanga then pressed Magula on whether she agreed with Chaskalson’s account of when the documents were received and how many pages they contained.

“Yes, chairperson, I agree with his description and the number of pages received,” she conceded.

But she maintained that it was not simply about the volume of documents.

“It is not only about the documents themselves. The witness must answer questions on them, and she may require further supporting documents to properly respond and assist the commission,” Magula said.

Madlanga was, however,  unconvinced.

“On my understanding, the only voluminous document is the tender bundle, which you have had since Wednesday. I do not understand why you would not be ready,” he said.

He added, “The six transcript pages are not an issue. The two-page letter is not an issue. The 14-page arbitration award should not detain you.”

With that, the chairperson refused the postponement and directed proceedings to continue.

“If that is the case, we are ready to start,” Magula responded, requesting only a short stand-down to consult on specific pages identified by the evidence leader.

“Very well. We will begin,” Madlanga ruled. “Let us proceed.”

The hearing then resumed, with additional emails relating to the vetting of EMPD members handed out for inclusion in the official record.

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