Murder suspect and alleged leader of the Big Five cartel, Vusimuzi ‘Cat’ Matlala. (Screenshot)
Murder suspect and alleged leader of the Big Five cartel, Vusimuzi ‘Cat’ Matlala, is concerned about incriminating himself while testifying before parliament’s ad hoc committee investigating corruption in the police service.
Matlala is currently detained at C max Kgosi Mampuru correctional centre and awaiting trial over the murder of his girlfriend, and has been refused bail because the court determined he was a flight risk.
The ad hoc committee started questioning Matlala on Wednesday regarding his relationships with Northwest Businessman Brown Mogotsi, suspended police minister Senzo Mchunu and allegations of instigating the disbandment of a task team investigating political killings.
Committee members will also probe Matlala about a R360 million police healthcare contract, which the Ekurhuleni municipality awarded to his company, Medicare24, and he will also answer about his alleged involvement in the Tembisa Hospital tender scandal and the assassination of whistleblower Babita Deokaran.
On Wednesday, Matlala raised concerns about possibly incriminating himself, but committee chairperson Soviet Lekganyane assured him the rules protected him.
“When we administered the oath here, we read to you the relevant section in the rules that the evidence that you depose here under oath is part of the immunities you enjoy here (and) cannot be used against you anywhere outside these proceedings,” Lekganyane said.
Matlala pushed back, saying, “They cannot be used against me by who? If you say they cannot be used against me by the committee, that I understand. But if someone is investigating me and there’s someone that I’m saying now that can incriminate me, obviously, they will use it against me.”
Lekganyane responded, saying, “What we have read for you here comes from what we call a national legislation which is about the powers, privileges and immunities of parliament and provincial legislature.”
“So any person who has been invited to appear before parliament or a committee takes an oath, and the privileges and immunities that goes with you having taken an oath under that legislation is that any information or evidence that you depose before a committee or house of parliament cannot be used anywhere outside,” he said.
“So it means there is nobody who can come to you and say this is the evidence you deposed before a committee or house of parliament. It’s only parliament that has that exclusive right to use that evidence because you would have taken oath through us.”
Matlala said he still did not understand, adding: “And also whoever might be investigating me might say I heard this from my source and not from the committee and use that against me.”
Economic Freedom Fighters leader Julius Malema weighed in, saying the evidence presented to the committee could not incriminate him.
“Mr Matlala, it simply means that whatever you share in this committee will never be taken from this committee and say, from the basis of this, we are charging you,” said Malema.
“But if they come and say a source told us this, obviously in a criminal case they will have to reveal who is this source, and what is the credibility of this source, and where did the source source this evidence used against you.”
Matlala asked for clarity on the exception to the immunity, and Lekganyane said exceptions only applied when a witness provided false testimony.
“I’m more concerned about the investigators,” Matlala insisted. “As much as they can say they heard it from a source, they will never reveal who is their source, and they have the right to protect their source,” he said.
“I take it the committee cannot use it against me, but outside of this committee, whoever wants to investigate me, then I’m making things easy for him. Maybe there was something they wanted to use against me, then I’m giving it to them on a silver platter.”
Asked by Lekganyane if he had fears, he responded: “I wouldn’t say fears, I would say concerns. There might be a way to manipulate that same law that is protecting me. Or else I wouldn’t be here today if that law was protecting me. I’m in chains today because of that law that is protecting me.”
Lekganyane said if Matlala’s concerns come to a reality, he could still contact parliament, to which the latter responded: “I think if we can do that with my legal team and have it in writing, then I’ll be comfortable.”