WATCH | Madlanga clashes with lawyer over ‘prejudged’ claim

“I can actually be rough and say you are lying.”

This is the statement made by Justice Mbuyiseli Madlanga at the height of a heated exchange between him and Suleiman Carrim’s lawyer during proceedings at the Madlanga Commission of Inquiry on Tuesday.

Tensions flared between Madlanga and lawyer Rafik Bhana, as he accused Madlanga of having a prejudged view on a postponement application.

Bhana, representing Carrim, told the commission that they were seeking a postponement as they had received some documents from the commission at about 6am and needed to engage their client concerning the documents.

While both commission chief evidence leader advocate Matthew Chaskalson and Carrim’s lawyer Bhana were making their submission in relation to the documents, Madlanga asked how much time Bhana would need to consult with his client if they stood the matter down instead of a total postponement.

“I do want to say it seems that you have prejudged the application,” Bhana responded.

While he wanted to continue, Madlanga told him he took strong exception to that view.

“Engaging counsel has nothing to do with matters being prejudged and you know that, and I take strong exception to that attitude. In fact I find it unprofessional for you to say that,” he said.

Bhana told Madlanga that he should not take exception as he didn’t say “if” in his statement, and it appeared to be a statement which suggested he had made up his mind on the matter.

Madlanga lashed out and said that he could be rough and say Bhana was lying.

Bhana said he would apologise if the records proved him wrong, and Madlanga said that he would not accept a conditional apology.

Madlanga then adjourned the proceedings for a short moment. Upon return, Bhana tendered his apology.

“May I say the apology is unconditional. I did not hear the ‘if’ when you made the statement in which you correctly pointed out ‘if we are not inclined to adjourn’. I understood you to say you were not inclined to adjourn. Hence, the apology is unconditional,” he said.

Madlanga responded by saying the apology was accepted.

On Monday, another Carrim lawyer, Adv Kameel Premhid, and the commission’s secretary, Nolitha Vukuza, had a heated exchange over seating arrangements and Premhid later apologised.

Sowetan