Developing story: this follows our earlier report that Vusimuzi "Cat" Matlala is expected back at the Madlanga Commission on 9 and 10 November. The new development is a legal directive that must be met before he takes the stand.
Commission chairperson Justice Mbuyiseli Madlanga has ordered both sides to file written submissions on section 105A(10) of the Criminal Procedure Act by 5pm on Sunday 8 November, ahead of Matlala's expected return to the witness stand on Monday.
The directive
According to a report on the ruling, dated Saturday 7 November, the submissions may be no longer than 15 pages. The commission wants clarity on how the section applies to the questions Matlala will face. Section 105A deals with plea and sentence agreements between the prosecution and an accused.
We have not seen the ruling itself, and no decision on the submissions has been reported.
Background
Matlala signed a section 105A plea and sentence agreement with the National Prosecuting Authority in June in a case linked to the Medicare24 contract. The agreement collapsed in July after the court said the proposed eight-year sentence was too lenient and that 12 years would be more appropriate. Matlala then withdrew, and the guilty plea fell away. He is presumed innocent of any charge that has not been proved.
The commission has debated whether statements and documents from the failed plea talks can be used in its hearings. Matlala repeatedly invoked his right against self-incrimination when questioned in August, the report said.
What to watch
Public hearings are due to resume on Monday 9 November after a pause for the elections. Matlala is expected for two days. Whether he is questioned on the plea-talk material will depend on the commission's decision after the submissions.
What we do not yet know
The commission has not published its reasons beyond the directive as reported, no other witness has been named for the two days, and the report is the only one we found on the ruling.
