Suliman Carrim's bid to silence testimony at the Madlanga Commission fails
North West businessman Suliman Carrim is attempting to have his evidence at the Madlanga Judicial Commission of Inquiry heard in camera.
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North West businessman and ANC member Suliman Carrim has failed in his attempt to block applying to give evidence at the Madlanga Judicial Commission of Inquiry in camera.
Commission chairperson, retired Constitutional Court Justice Mbuyiseli Madlanga, ruled yesterday that Carrim’s application must be heard publicly and that he would provide reasons on Monday.
Carrim is scheduled to give evidence on March 9 and 10. His advocate Kameel Premhid argued before the commission that people were threatening Carrim, his family, employees, and business interests.
According to Premhid, Carrim would like to testify without the public and some commission staff having access to his statement.
He listed staff members, such as the commission’s head of security and investigators, whom he wanted not to have access to his statement.
Commissioner Advocate Sandile Khumalo SC said that such an undertaking would not work as the statement has to be investigated and would need to be given to all the people Carrim implicates at the inquiry.
Premhid said Carrim did not want the statement made public. He asked for a confidentiality regime like that awarded in court proceedings, where participating parties are only given access to some parts of the record.
“On the facts of this case, there is a threat to the right to life, security, integrity, family, and commercial interests of the witness. This is a body that exercises public power in the name of the state, so this commission is bound by the same obligations that the state has to make sure that when issues of safety are raised, it properly applies its mind and discharges its power in accordance with that,” Premhid explained.
He added that a witness who testified before the commission was murdered and that the threats against Carrim were real.
Earlier this month, Carrim lost his bid to avoid giving evidence before the commission on February 6. Gauteng High Court, Pretoria Judge Denise Fisher struck the matter off the roll with costs.
Carrim sought to interdict his scheduled appearance before the commission, which was initially set for Friday, February 6.
He asked the court to interdict Justice Madlanga from calling on him to file a written statement or subpoenaing him or, in any way, coercing him to appear before the commission pending the determination of Part B of the application.
The interdict Carrim sought was framed on the basis that it is interlocutory to part B, which is what is alleged to be an application under the Promotion of Administrative Justice Act, alternatively, the principle of legality to review and set aside the decision to issue a regulation 10(6) notice and any decision to issue any further summons to appear at the commission.