Idac boss’ no-show for medical reasons irks Madlanga

When the head of the Investigating Directorate Against Corruption (Idac) submitted a medical certificate before the Madlanga commission on Monday morning which excused her from taking the stand, she became the ninth witness to have their testimony delayed due to medical reasons.

Adv Andrea Johnson was expected to appear before the commission on allegations of improper conduct over allegations that in 2018 she shared a docket of an assault case that was opened against police crime intelligence operation support boss Maj-Gen Feroz Khan.

However, just before the hearing could commence on Monday, the commission was informed that Johnson has been rushed to a hospital.

NPA legal representative Apla Bodlani said shortly before his arrival at the commission in Pretoria, he received a call alerting him that Johnson was not well.

Bodlani said the NPA’s advocate, Mthunzi Mhaga, informed him Johnson was rushed to a hospital Monday morning.

“We were able to get a sick note from her doctor. We were made to understand that she is with the doctor and that she had some serious health-related issues, which I am not able to disclose in public,” he said.

The sick note provided to the commission indicates that she would not be available from Monday to Wednesday, July 15.

However, the commission’s chair, retired Justice Mbuyiseli Madlanga, said the medical certificate provided little detail about Johnson’s health condition.

“I noticed that this is one of those medical certificates, the nature of which I previously said they are useless in the sense that they give no information whatsoever.

“It’s not even a case of what Mr Bodlani said, which is a confidentiality issue. It is one of those useless so-called medical certificates. The bottom line is that Advocate Johnson is not here,” he said.

In February, the commission said it was considering to subpoena medical doctors who had provided questionable sick notes to witnesses.

Witnesses who have had their testimonies delayed due to health reasons are:

• Medicare24 CEO Mike Van Wyk: He was expected to testify on his relationship with alleged cartel member Vusimusi “Cat” Matlala in June. However, he was reported to have suffered severe panic attacks on the day of his testimoney and was hospitalised.
• Crime intelligence boss Maj-Gen Feroz Khan: He was allegedly shot in June two days before his scheduled appearance at the commission. Evidence was led in his absentia and a new date will be set for him to present himself to the commission.
• North West businessman Suliman Carrim: He is implicated in allegations of tender fraud and in June he was admitted to hospital a few days before his scheduled appearance, at the commission. His testimony was rescheduled to July 15.
• Self-proclaimed police agent Brown Mogotsi: In March when Brown was expected to appear at the commission, he also submitted a questionable medical certificate claiming he was sick. His testimony was delayed.
• Crime intelligence officer: The name of the handler was withheld and he is believed to be Mogotsi’s handler. He submitted a “vague” medical certificate in February. The testimony was postponed to a new date.
• Sgt Fannie Nkosi: In February when the Nkosi was expected to be probed about his relationship between senior police officers and alleged cartel members, he submitted a sick note which resulted in his evidence being postponed to a later date.
• Suspended police deputy commissioner Gen Shadrack Sibiya: In December Sibiya also submitted a sicknote which resulted in his testimony being delayed.
• Head of crime intelligence Lt-Gen Dumisani Khumalo: In October, Khumalo fell sick hours before the proceedings and was later admitted at a medical facility. His testimony was rescheduled, and part of it was led by another witness from his office.

Law expert Zola Majavu said that Justice Madlanga’s concern about people who submit medical reports on the eve of their testimony is valid. He told Sowetan that the commission is likely to subject the medical certificates to an independent medical examiner for verification.

“They [commission] cannot expect the doctor to disclose anything they are not comfortable with but there is nothing wrong with the commission saying that we want to subject the same [medical certificate] to independent medical assessment and that is what I think is likely to happen,” Majavu said.

He further said this exercise won’t infringe on the “patient-doctor confidentiality” right as the independent examiner would just assess the legitimacy of the sick note and not disclose the patient’s medical status.

Majavu said that won’t be something unheard of because even employers can decide to subject employees to independent assessments once they realise a pattern of medical certificates.

During a question-and-answer session after the matter was adjourned due to Johnson’s non-show, commission spokesperson Jeremy Michaels said commissioners and evidence leaders will have to scrutinise the medical certificate in detail before deciding what to do next.

Although the commission’s terms of reference do not specifically address witnesses who avoid testifying by submitting medical certificates, they state that anyone who wilfully hinders, resists or obstructs the chairperson or any official in the exercise of powers set out in Regulation 10, or contravenes Regulation 11, commits an offence. Upon conviction, such a person may face a fine or up to 12 months’ direct imprisonment.

Sowetan