Cat Matlala’s collapsed plea deal to be heard at Madlanga commission as bid to block it fails

The Madlanga commission has ruled that its evidence leader can use the contents of Vusimusi “Cat” Matlala’s collapsed plea agreement to question him.

This follows an objection by Matlala’s lawyer, advocate Annelene van den Heever, who sought to block the commission from questioning her client about the now-defunct agreement.

Van den Heever raised concerns about how the agreement came about, arguing that officials from the Investigating Directorate Against Corruption (Idac) had approached Matlala and led the negotiations.

She said Matlala had also been assured that the agreement would not be used by anyone outside Idac.

She further questioned how the commission obtained a copy of the agreement without making a formal application.

Van den Heever told the commission that the defence vehemently opposed the use of statements contained in the agreement.

However, commission chairperson Justice Mbuyiseli Madlanga ruled in favour of the evidence leader, giving the green light for the agreement to be used.

“The nullity of the statements that is at issue does not apply to a situation that is outside of the criminal proceedings. Therefore, I reject the submissions made by Mr Matlala’s lawyers that the section 205 agreement cannot be used by the commission,” he ruled.

Shortly after the commission’s ruling, Van den Heever informed the commission that they intended to urgently take the ruling on review.

Madlanga further ruled that the commission could continue hearing Matlala’s evidence until his legal team secured an interdict.

Should an interdict be granted, the commission would immediately stop hearing the evidence and would not consider it until the review application had been finalised.

The plea agreement relates to fraud and money-laundering charges Matlala faces in connection with his company Medicare 24 Tshwane District’s SAPS tender.

Matlala withdrew from the agreement in July after rejecting a 12-year direct imprisonment sentence proposed by the court instead of the eight years he had agreed to with the state. The plea agreement was subsequently declared null and void.

During the now-nullified plea proceedings, the court heard that affidavits submitted by Matlala implicated senior police officials. The state indicated that the information contained in the affidavits could assist in securing convictions against the officials.

The state alleges that members of the SAPS bid evaluation committee and senior officials colluded to bypass proper National Treasury regulations to award the health services contract to Matlala’s company.

Investigators allege that Medicare 24 Tshwane District did not have the necessary facilities, staff or equipment to fulfil the contract.

Several senior officers who were part of the adjudication process have also been arrested alongside Matlala and face similar charges.

Sowetan