The Madlanga Commission of Inquiry is considering a criminal referral against businessman Suliman Carrim after his latest failure to appear before the inquiry.
Carrim was due to give evidence on Friday but was once again absent, despite the commission previously making any further postponement of his testimony conditional on an independent medical examination.
His lawyers instead submitted a report from his treating doctor outlining his medical condition.
Evidence leader Adila Hassim told the commission that the report indicated Carrim was refusing to undergo an assessment by an independent specialist.
“The report essentially is an opinion by the same treating doctor as to why Mr Carrim could not consent to an independent medical evaluation,” Hassim said.
She added that the report contained further clinical information about Carrim’s condition.
The development has prompted the commission to consider escalating the matter beyond the repeated postponement of Carrim’s testimony.
Justice Mbuyiseli Madlanga said the commission was now minded to refer Carrim for a criminal process.
“The commission is minded to refer Mr Carrim for a criminal process,” Madlanga said.
He explained that the relevant authorities would ultimately determine how the matter should proceed.
The commission could refer the matter to the South African Police Service to consider whether charges should be laid, or to the National Prosecuting Authority to consider a possible prosecution.
Carrim has repeatedly failed to appear before the commission, with his health cited as the reason for his absence.
The latest development represents a significant escalation in the inquiry’s efforts to secure his testimony.
For now, the commission has indicated an intention to refer the matter for consideration by the relevant authorities. This does not mean that Carrim has already been charged or prosecuted.