The use of Vusimuzi “Cat” Matlala’s abandoned plea deal statement at the Madlanga Commission of Inquiry has sparked a legal dispute, with his defence warning that the ruling allowing the document could undermine future plea negotiations with the state.
Matlala’s legal representative, Annelene van den Heever, has indicated that the defence intends to challenge commission chairperson Mbuyiseli Madlanga’s decision permitting questions about the statement, which was prepared during negotiations with the Investigating Directorate Against Corruption (Idac).
The statement, which was made public on Monday, contains serious allegations involving former police deputy commissioner Lieutenant-General Shadrack Sibiya and other senior officials.
Matlala withdrew from the plea deal in July in connection with the R228-million South African Police Service (SAPS) health tender scandal involving his company, Medicare24.
During Monday’s proceedings, Matlala disputed several claims contained in the statement, arguing that parts of the document were false and suggesting that Idac chief investigator Dylan Perumal had inserted information when preparing it.
Madlanga ruled that legal restrictions on the use of documents from collapsed plea agreements applied to criminal trials and not commissions of inquiry. The decision meant Matlala could be questioned about the contents of the statement.
Van den Heever criticised the National Prosecuting Authority (NPA) for making the document available to the commission, arguing that the ruling could discourage accused people from entering into plea agreements with the state.
She warned that the precedent could leave accused people concerned that information provided during confidential plea negotiations might later be used in other proceedings.
Statement contains allegations against senior officials
Among the claims in the statement are allegations that Sibiya threatened Matlala’s wife, Tsakani, to prevent him from disclosing information about the former police official before Parliament’s ad hoc committee.
The statement also alleges that Matlala paid Sibiya R500,000 in connection with efforts to secure the R228-million SAPS tender.
Matlala denied paying the R500,000, although he conceded giving Sibiya R50,000. Sibiya has denied receiving money from Matlala.
Matlala also rejected allegations in the statement that he paid former public works deputy minister Bernice Swarts R80,000 and a further R200,000 in connection with a public works lease.
He further claimed that Idac investigators had sought information that could help them pursue senior police officials, including national commissioner General Fannie Masemola.
Matlala said he had provided the statement after investigators promised that he and his family would be placed under witness protection.
The dispute over the statement now adds a legal dimension to the commission’s investigation into alleged criminal infiltration within South Africa’s law enforcement agencies.