North West businessman Suliman Carrim could face criminal prosecution if he does not appear before the Madlanga Commission on the proposed date of July 15, 2026, and has not subjected himself to a medical examination by an independent specialist appointed by the commission.
Carrim was expected to testify on Thursday; however, his lawyers informed the commission that he was hospitalised on Wednesday and medically unfit to appear before the commission.
This was the second time that Carrim was unable to appear before the commission due to health issues.
The commission’s evidence leader, Advocate Matthew Chaskalson SC, raised a concern that Carrim, despite citing ill health, had not agreed to subject himself to an independent examination by a specialist appointed by the commission, who would confirm whether Carrim is incapacitated to testify or not.
“The one worrying thing that the medical reports disclose is that Mr Carrim has not been hospitalised continuously, since April. He tends to get hospitalised just as his appearances before this commission are scheduled, and that is worrying,” Chaskalson said.
Carrim’s legal representative, Advocate Kameel Premhid, stated that they have furnished the commission with four medical reports that include details of every treating physician.
Premhid urged the commission to consider the balancing exercise of constitutional rights before ‘leapfrogging’ to subjecting a person to a compelled medical examination or possibly a voluntary one.
Chaskalson further stated that it was ‘worrying’ that very basic requests for information have been outstanding since Carrim’s last testimony, at a time when he was certainly fit enough to testify, fit enough to travel outside the country, and ‘we still wait for the documents’.
The documents include an audited financial statement of Carrim’s construction company, a business contract with controversial tender tycoon Hangwani Morgan Maumela, and an explanation of the payment of R2.1 million to the companies of accused murderer Vusimusi ‘Cat’ Matlala, which was not disclosed to the commission.
Chaskalson said: “It wouldn’t take much to issue an instruction for the financial statements of a company to be made available to this commission if you are not in hospital. What we see is a simple refusal to comply with these notices, coupled with the pattern that as an appearance date appears, suddenly, Mr Carrim needs hospitalisation. Now it may be perfectly true, it might be by coincidence or possibly by not coincidence, his medical condition, compounded by the stress of an imminent appearance, requires his hospitalisation.”
Carrim’s lawyer stated that the legal team was unable to provide the commission with the documents needed for evidence because they act on instructions, and Carrim has been ill.
Premhid said: “If that’s going to be the case, that the commission, for whatever reason, chooses to make a motivation that our client is prosecuted, that we get an opportunity to address the commission before an adverse decision is potentially made against him.”
Chaskalson said they expected Carrim to testify and be questioned on July 15.
“If he is not here, and is still on his version, ‘medically unfit’, we will no longer seek his appearance on the 15th of July. But if he has subjected himself to independent examination by a specialist appointed by the commission, and that independent specialist confirms he is incapacitated to testify, we won’t ask for him to be called again. But we would ask the commission to make its findings in relation to all matters relevant to the heard evidence of Mr Carrim,” he said.
He added that for the rest, he would have to supply the required documents for evidence and a supplementary affidavit.
The commission’s chairperson, Justice Mbuyiseli Madlanga, postponed Carrim’s testimony to July 15, 2026.
gcwalisile.khanyile@inl.co.za
