Madlanga Commission dismisses Matlala’s bid to exclude plea evidence

Ask AI 1minBusinessman Vusimuzi "Cat" Matlala appears before the Madlanga Commission of Inquiry on Monday.

Madlanga Commission chairperson Justice Mbuyiseli Madlanga has rejected alleged underworld tycoon Vusimuzi “Cat” Matlala’s bid to block the use of documents arising from his failed plea negotiations with the National Prosecuting Authority (NPA).

In a ruling, Madlanga said restrictions on broadcasting Matlala’s Section 204 statement apply to criminal proceedings, not the commission.

“I reject the submissions made by Matlala’s legal representatives that the Section 204 statement cannot be used in these proceedings,” he said.

Madlanga further ruled that the commission would proceed with hearing Matlala’s testimony unless an order interdicting the process was granted.

The decision followed a challenge by Matlala’s legal team, led by Advocate Anneline van den Heever SC, which argued that the Section 204 statement could not be separated from the failed Section 105A plea and sentence agreement.

The defence maintained that both documents formed part of the same negotiations.

After a criminal court rejected the proposed plea agreement as too lenient and Matlala withdrew from it, his lawyers argued that the statement had also fallen away and should not be used.

Van den Heever also argued that allowing the commission to rely on the documents could prejudice Matlala ahead of his criminal proceedings.

The defence invoked Section 35 of the Constitution, arguing that the use of the disputed material and questioning on overlapping issues could undermine his right against self-incrimination and the presumption of innocence.

It further argued that relying on a statement made within the framework of a failed agreement could bring the administration of justice into disrepute.

However, Madlanga rejected the argument that the Section 204 statement was automatically barred from the commission’s proceedings.

In a further development, Matlala’s legal team filed an application seeking to have the matter heard in camera.