Court to decide on Madlanga Commission's subpoena challenge

The Johannesburg High Court is set to deliver judgment on 5 February 2026 in businessman Suleiman Carrim's urgent bid to avoid testifying before the Madlanga Commission. The commission argues that granting relief would stifle its ability to compel witnesses in its probe into corruption within South Africa's police service. Carrim claims the commission has violated principles of fairness by singling him out.

The Madlanga Commission, chaired by retired Justice Mbuyiseli Madlanga, is investigating allegations of criminality, political interference, and corruption in South Africa's law enforcement agencies. This inquiry stems from claims by KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi that top officials conspired to obstruct probes into criminal syndicates.

Businessman Suleiman Carrim, linked to the ANC, faces accusations of accepting R2.5-million to assist Vusimuzi “Cat” Matlala in securing payments from a R360-million South African Police Service (SAPS) contract that was later cancelled. Carrim launched an urgent application in the Johannesburg High Court to block the commission from requiring his statement or oral testimony until it complies with regulations and rules. In a separate part of his bid, he seeks to review the commission's decision to designate him as an implicated person, arguing it breaches constitutional fairness under section 12.

Carrim contends that the commission's actions began on 29 October 2025 with a notice demanding a sworn statement by 6 November. His attorneys requested transcripts, receiving WhatsApp messages and a link to over 2,500 pages of documents on 5 November, followed by a vague letter on 14 November alleging impropriety. A subpoena arrived on 23 January 2026, prompting his 26 January application.

The commission dismisses the urgency as self-created and an abuse of process, noting Carrim delayed despite months of awareness. It warns that interim relief could delay proceedings beyond the 16 March deadline and encourage similar challenges. 'Interim interdicts are capable of being, have been, and continue to be, abused,' the commission states in court papers.

Carrim argues the commission must observe natural justice meticulously, as its findings could damage reputations and lead to legal actions. 'The commission’s report may expose persons to criminal proceedings or civil actions,' he says.

If the court rules against him, chair Madlanga has indicated Carrim's evidence will proceed without a prior statement, making hearings more cumbersome due to his delays.

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