The Madlanga Commission has taken the unprecedented step of laying the groundwork for criminal charges against North West businessman Suliman Carrim after he failed to appear before the inquiry on Friday, the commission said.
Chair moves to protect the inquiry's integrity
Chair Justice Mbuyiseli Madlanga directed the commission secretary, Dr Nolitha Vukuza, to facilitate the process of bringing charges against Carrim, stressing that the commission must preserve its procedures and the confidence of witnesses. The chair warned that unchecked delays risked deterring other witnesses from testifying.
"If we don’t do this, other witnesses will simply not come and testify," Madlanga said.
The commission also signalled that it is unlikely to engage further with Carrim. The chair’s remarks effectively draw a line under further postponements and place the focus on whether Carrim will comply with the commission’s orders.
Carrim was due to appear on Friday. His testimony has repeatedly been postponed — five times since April — with his legal team citing medical reasons. Commission evidence leaders, however, presented information suggesting Carrim was seen at a Cape Town restaurant during a period when he was reported too unwell to testify. Those discrepancies prompted increased scrutiny and ultimately the chair’s intervention.
Medical fitness and possible prosecution
The commission has ordered that Carrim undergo an independent medical assessment to determine whether he is genuinely unfit to appear. The outcome of that assessment will influence whether he is compelled to testify or whether criminal proceedings are pursued for his failure to comply with the commission's summons.
Commission members emphasised they were following established procedures. The chair instructed the secretary to start the administrative and legal steps necessary to bring charges for non-appearance, underlining that the commission must maintain its authority and the integrity of its fact-finding role.
- Expected appearance: Friday (the most recent scheduled date)
- Postponements: Five postponements since April
- Medical incident: Carrim is reported to have collapsed at a gym four months ago
- Contested evidence: Reports that Carrim was seen at a Cape Town restaurant during a period he was said to be too ill to attend
- Next steps: Independent medical assessment and facilitation of criminal charges
| Item | Detail |
|---|---|
| Number of postponements | 5 (since April) |
| Recent directive | Secretary to facilitate charges |
| Medical assessment | Independent assessment ordered |
Community and legal stakes
The commission’s move has implications beyond one witness. Delays and contested claims of ill health have frustrated efforts to conclude the inquiry, and the commission appears determined to avoid perceptions that its summons can be ignored without consequence. For communities in the North West, where business and political networks are closely watched, the decision to seek criminal accountability underlines the seriousness with which the commission views compliance.
At this stage the commission has not said what specific criminal charge will be laid, only that the secretary has been instructed to facilitate the process. Whether the state will institute prosecution will depend on the legal advice the commission receives and the independent medical report on Carrim’s fitness to testify.
The chair’s decision also signals a tougher posture towards high-profile witnesses who repeatedly fail to appear. The commission’s primary aim is to establish facts; safeguarding the process now includes ensuring witnesses cannot repeatedly defer attendance without appropriate medical corroboration.
The coming days are likely to focus on the scheduling and conduct of the independent medical assessment and on whether the commission will proceed with formal criminal referrals. Observers and affected communities will be watching closely as the inquiry seeks to restore momentum and public confidence.
For now, the commission has placed its institutional authority at the forefront: repeated non-appearance, it has declared, will have legal consequences.
