Madlanga commission restores faith where Zondo failed to deliver change
· Citizen
SA has had so many commissions of inquiry since the dawn of democracy and their outcomes have convinced citizens that they are a waste of money and a convenient way for politicians to escape legal consequences for their clearly illegal acts.
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The biggest one before the Madlanga commission in terms of size, budget and terms of reference, the Zondo Commission of Inquiry into State Capture, produced up to six interim reports but had little impact in terms of effecting change in the departments it covered. But it is very refreshing that the Madlanga commission sets the bar high in restoring the public’s faith in commissions of inquiry.
Two witnesses whose appearances were highly anticipated at the commission last week were no-shows. Well, National Coloured Congress MP Fadiel Adams was not a total no-show but his late submission of his witness statements, which had been requested from him in October last year, made certain the commission could not question him.
The other, controversial North West businessman Suliman Carrim, was a total no-show who went against the ruling the commission had issued that he can only not turn up based on independent medical advice.
Both Adams and Carrim are helping this commission set the standard for any other public commission of inquiry that will be set up in future.
Adams, for his part, was chastised by the commission leader Justice Mbuyiseli Madlanga for his unbelievable, hard to trust, assertion that he could not submit his witness statement on time because he has been having laptop issues that even “parliament’s IT department could not resolve”.
Madlanga made it clear the commission would not tolerate that sort of “the dog-ate-my-homework” excuse and he was ordered to return tomorrow. If he had plans not to appear by citing some unforeseen medical emergency, how the commission dealt with Carrim’s non-appearance might persuade him not to venture in that direction.
Carrim had made appearances before the commission in February, but had since claimed he cannot appear before the commission again because of reported health issues which, at one stage, included a possible heart attack.
The commission, through its own investigations, traced Carrim to a public appearance at a place in the Western Cape and has justifiably asked – as did the public – “you’re too sick to appear before the commission but well enough to go shopping at a mall? Come on.”
The businessman now faces the very real possibility of the commission laying criminal charges for his non-appearance.
This precedent-setting move will not only serve the commission, but also bodies such as parliament that have, over the years, just yielded to ministers and potential witnesses simply refusing to be held accountable because they claimed to be too sick.
The one precedent that the Zondo commission was able to set because a witness refused to continue giving testimony before it, is about to be reinforced by how Carrim is treated, following the laying of criminal charges by the secretary of the Madlanga commission.
The July riots that followed former president Zuma’s refusal to continue his appearance at the Zondo commission will forever be part of this country’s post-democracy landscape.
Although the former president hardly ever got to serve real time, the message was sent that commissions are to be respected.
The Madlanga commission is about to reinforce the message that law reigns supreme in this country.