Suliman Carrim, a North West businessman, is facing intense questioning at the Madlanga Commission about payments he made to Hangwani Maumela, a businessman implicated in corruption scandal at Tembisa hospital.
Image: Oupa Mokoena/Independent Newspapers
Tensions rose at the Madlanga Commission of Inquiry on Tuesday when Justice Mbuyiseli Madlanga chastised North West businessman Suliman Carrim's legal representative, Advocate Rafik Bhana, for suggesting Madlanga had prejudged his application to adjourn the hearing and allow time to consult his client about late documents from the commission.
Bhana cried foul, stating that the Commission "is not playing open cards" with Carrim's legal team., alleging it is springing new information on them without allowing sufficient time to review it before discussing it with their client.
He told the Commission he wanted to apply for a postponement after receiving new documents via email from the commission on Tuesday at 6am.
The documents in question contained information about two payments from one of Carrim's companies to Medicare24, a company linked to alleged crime mastermind Vusimuzi "Cat" Matlala, which was awarded a R360million tender by SAPS in 2024.
The first payment of R1m was made on June 27, 2024, followed by a second payment of R1.12m on October 7, 2024.
Bhana said Carrim's legal team barely had an opportunity to consult with their client regarding the latest information.
He stated that they sent letters to the commission on March 7 and 8, requesting the disclosure of all documents it intends to use during the hearing regarding Carrim's case.
But evidence leader Advocate Mathew Chaskalson SC said he would not reference any of the pages sent to Carrim's team during Tuesday's hearing.
In his interactions with Bhana, Madlanga indicated that Carrim seems to treat his companies as the same entities.
He cited Carrim's testimony from Monday, specifically mentioning transactions from Tameez and Ziggy, Carrim's companies, which were used to make payments into businessman Hangwani Morgan Maumela's sister's account.
Bhana acknowledged the point, stating Carrim had not always kept the distinction clear, and emphasised they suggest their client did not deliberately withhold information.
He argued that if such allegations are made, it is crucial they get time to address them properly, as inferences they believe are unwarranted are already being drawn.
The situation suddenly grew tense when Madlanga asked Bhana for a specific timeframe to consult his client, noting Chaskalson had already suggested 45 minutes to an hour.
Bhana said: "I think two hours and I will come back to you if I need more time. I do want to say it seems to be you have prejudged an application."
But Madlanga angrily interjected, saying: "Mr Bhana, I take strong exception to that. You know and you are an experienced counsel. You know that judges will engage you during arguments; engage you to an extent that you think they are against you but in the end you are surprised that the judgement is in your favour. Engaging counsel has nothing to do with matters being prejudged and you know that. I take very strong exception to that attitude. In fact, I find it unprofessional for you to say that I have prejudged issues purely because I am engaging you."
Bhana replied: "I don't think you should take exception. What you put to me was that you are not going to allow opportunities for the postponement."
Madlanga pushed back, saying: "I didn't say that. We can play the recording. I can say you are lying."
Bhana clarified that he understood that Madlanga would not allow a stand down for an application, saying: "If I'm mistaken, I am mistaken."
Madlanga insisted that Bhana was mistaken, adding: "And you apologise for what you said because you basically suggested an impropriety on my part that I prejudged issues while the matter is being debated before me. Are you tendering an apology for that?"
Bhana responded: "If I misunderstood it, then I tender an apology."
Madlanga said: "So you are tendering a conditional apology?"
Bhana said at that stage that the recording would reflect what happened, adding: "What is good for you, is good for me."
Madlanga said: "So I am not accepting the so-called apology."
Following a short break, Bhana offered an unconditional apology, which Madlanga accepted.
Carrim’s testimony continues.
rapula.moatshe@inl.co.za