No More Excuses: Justice Madlanga Orders Criminal Charges Against Suliman Carrim

PRETORIA — The Madlanga Commission of Inquiry has ordered that criminal charges be laid against North West businessman and ANC figure Suliman Carrim after he failed to appear before the commission and declined to undergo an independent medical assessment.

Chairperson Justice Mbuyiseli Madlanga issued the directive on Friday, saying the commission could not allow witnesses to decide for themselves whether or not they would comply with its summonses.

The decision follows months of legal wrangling over Carrim's repeated failure to testify before the inquiry, which is investigating allegations of criminality, political interference and the infiltration of South Africa's criminal justice system by organised crime networks.

Dispute Over Carrim's Medical Condition:

Carrim had been directed to appear before the commission on Friday, 14 August.

His legal team sought to have his appearance excused on medical grounds, relying on reports from his treating doctor.

However, concerns were raised during previous proceedings about Carrim's reported activities while he was allegedly medically incapacitated. Evidence leaders told the commission that he had reportedly been seen leaving his treatment facility for extended periods, including visits to shopping centres and health-related establishments.

In July, the commission ruled that Carrim would only be excused from appearing if he underwent an independent medical assessment by a specialist nominated through a recognised professional medical body.

That assessment did not take place:

When the matter returned to the commission on Friday, Carrim had neither appeared in person nor submitted to the independent evaluation. His private doctor had also submitted a last-minute medical report marked "strictly private and confidential", limiting the commission's ability to independently assess the medical claims.

Legal Battle Over the Commission's Powers:

The dispute sparked a heated exchange between Carrim's legal representatives and the commission.

Advocate Kameel Premhid, representing Carrim, argued that the commission should not adopt what he described as a narrow interpretation of its previous directive.

Premhid maintained that Carrim's medical circumstances had to be considered and argued that any subsequent criminal prosecution would ultimately have to establish whether his failure to appear was intentional.

Commissioner Advocate Sesi Baloyi SC rejected that argument, stressing that the commission was not a criminal court responsible for determining criminal intent.

«"We do not decide mens rea. What we do in terms of our rules is determine whether, on the material before us, a witness provided a satisfactory explanation."»

Evidence leaders supported the commission's position, arguing that a criminal complaint was necessary to protect the authority and integrity of the inquiry.

Madlanga: Witnesses Cannot Appear "Willy-Nilly"

Delivering the commission's decision, Justice Madlanga said allowing witnesses to ignore summonses without consequence would undermine the inquiry's authority.

He instructed Commission Secretary Dr Nolitha Vukuza to initiate the criminal process against Carrim under the relevant provisions governing commissions of inquiry.

Madlanga said the commission had to take its own processes seriously.

«"The commission is going to set the criminal process in motion."»

He added that witnesses could not simply choose whether or not to appear before the commission.

Madlanga further indicated that any medical defence available to Carrim could now be raised through the appropriate criminal justice process.

What Happens Next?

The commission's directive means the matter is expected to move beyond the inquiry and into the criminal justice system.

The commission secretary is expected to lodge a criminal complaint with the South African Police Service (SAPS). The matter could subsequently come under consideration by the National Prosecuting Authority (NPA).

Carrim's legal team has also indicated that it may challenge the commission's decision through a judicial review.

Meanwhile, the Madlanga Commission will continue with its broader investigation into alleged corruption, criminal networks and political interference within the country's criminal justice system.

C6X Media — Bottom Line

Justice Madlanga's decision sends a strong message about the authority of commissions of inquiry: a witness summoned to testify cannot simply disregard the process without providing an explanation that satisfies the commission.

For Carrim, the dispute over his medical condition has now moved into a potentially more serious phase, with the commission ordering that the criminal process be set in motion.

This report reflects proceedings and arguments presented before the Madlanga Commission. Allegations against individuals remain subject to due process, and Carrim is presumed innocent unless proven guilty in a court of law.