JOHANNESBURG - The growing list of witnesses submitting medical certificates before the Madlanga Commission of Inquiry is beginning to resemble a school attendance register.
From the CEO of Medicare24 Mike van Wyk, to North West businessman Suliman Carrim and now recently the head of the Investigating Directorate Against Corruption (Idac) head Advocate Andrea Johnson, this has seen key witnesses unable to attend the commission.
Legal expert Zola Majavu said it was no surprise that the commission’s chairperson, retired Constitutional Court Justice Mbuyiseli Madlanga, expressed irritation and frustration on Monday when the commission received yet another sick note.
Madlanga sick note
Majavu said this is becoming a worrying pattern that continues to delay the commission's work.
“While we all remain respectful of people's rights to their medical situation being kept confidential, the coincidence is striking. Where does this leave the matter? It simply means the commission will have to wait until she is in a better position to testify,” Majavu said.
Johnson was expected to testify before the Madlanga Commission on Monday.
However, she was a no-show after allegedly being rushed to the hospital ahead of her appearance before the Commission.
A medical certificate has been given to the commissioners.
But Madlanga dismissed it as 'useless', arguing that it gives no information whatsoever.
READ | Expert urges scrutiny of sick notes after Andrea Johnson's no-show
Much like other experts who said the commission must not take this lightly and should scrutinise the note, Majavu shared the same sentiments.
Majavu said he suspects that the commission might want to explore possibilities from what happens in other quasi-judicial or even judicial processes.
Additionally, he said the commission has the power to subpoena an independent medical practitioner examining Advocate Johnson to confirm the veracity of her state of health.
Secondly, he said the medical practitioner would make an informed determination on how soon she might be able to participate in these proceedings.
“If the chair of the commission expressed some doubt about the validity of these types of medical certificates. His choice of diction is his.”
In a separate matter, eNCA understands that Carrim is still receiving treatment at a medical facility outside Gauteng.
It is believed that his legal team is expected to once again submit a medical report to the Commission.
Carrim's previous appearances were also postponed on medical grounds.
READ | Suliman Carrim's Madlanga Commission testimony in doubt
Much like the matter involving Johnson, Majavu said he would be surprised if the commission did not have a serious look at this matter.
“We are not by any means suggesting that people may not genuinely be sick, but the timing is far too coincidental, and this is why I personally think the commission is probably going to have a serious look at this.
"If it turns out that medical officers or medical practitioners are found to be acting in a manner contrary to the oath of office, there may also be consequences. But it's still early days for one to cast aspersions on the authors of those medical certificates.”