ADV HASSIM SC

A medical report supporting the postponement request was not initially provided and had to be obtained by the Commission after requests from Mr Carrim's attorneys.

“It required requests from the attorneys for the Commission to obtain the necessary medical report to underpin the postponement request that was made.”

The discrepancy in the time period a pass was for, with evidence suggesting it was almost 12 hours, much longer than initially mentioned shorter period.

“The second point is that if you look at page 68, paragraph 28.3 ... a much longer period of time ... it was almost 12 hours.”

The treating doctor should not provide an independent assessment of the individual's capacity to participate in proceedings because of subjectivity and advocacy for the patient; independent assessment should be done by a different doctor.

“those professional guidelines, which say that a treating doctor should not be the person to provide an independent assessment ... the treating doctor is inherently subjective and an advocate for the patient”

An independent medical examination is required and permissible according to professional guidelines, to test for a particular outcome in a forensic setting.

“the guidelines say that it is not only permissible, it is required that there is an interposition then, in the sense that there is an independent assessment testing for a particular outcome, and that is why it is forensic”

The doctor's report is not definitive and breaches professional guidelines by being provided by the treating doctor who is inherently subjective and an advocate for the patient, thus the assessment of capacity should be independent and forensic.

“the argument that the doctor's report is definitive is ... a breach of the professional guidelines ... the treating doctor should not be the person to provide an independent assessment ... the individual's capacity ... the objective determination of the capacity”

The treating doctor must be insulated from any examination by an independent specialist, and the treating doctor's determination of capacity is a conflicted and unreliable assessment.

“the witness must be insulated from any examination by an independent specialist ... a conflicted determination of capacity by the treating doctor is in fact reliable”

Professional guidelines require an independent assessment interposed to test for a particular outcome, making it a forensic matter and not one handled solely by the treating doctor.

“there is an interposition then ... there is an independent assessment testing for a particular outcome ... and that is why it is forensic”

Despite multiple requests, there was never a positive response from the other party to the request for an independent medical examination; this lack of response amounts to a binding acceptance of the treating doctor's assessment.

“there was never a positive response to this, which is yes or no ... so why not? ... no response ... our expert is unchallenged ... and therefore ... the Commission must be now bound by that doctor's assessment”

There is a discrepancy regarding the duration of a pass, which was almost 12 hours instead of the shorter period initially mentioned of four hours.

“if you look at page 68, paragraph 28.3, ... It was almost 12 hours.”

A chat on 16 November 2021 shows General Khan saying to Wslmbro that he is with their man who wanted to speak to him; the communications involve multiple devices and forms between General Khan and various individuals.

“So we are at page 5390 and its starts at the top of the page with General Khan saying on 16 November 2021: “Wslmbro, I am with our man. He wanted to speak to you.” Nothing further on this particular chat in relation to that. And I will just say, Chair, as I did on Friday, that there is more than one device that is used in the communications and there is more than one form of communication that takes place between General Khan and various individuals.”

The purpose of the letter discussed was to change brands on some components to ensure supply rates during the COVID pandemic, potentially sourcing from suppliers other than original equipment manufacturers to bypass contractual terms.

“the purpose of the letter is clear... they would have to use original equipment manufacturer parts... what they are wanting to do here is to source it from other suppliers and he is trying to say they will get quality, but they cannot be bound to these terms in the context of the COVID pandemic”

The financial disclosure requirements are currently tailored to senior management services, which may not be suitable for a senior Crime Intelligence officer, implying a need to explore appropriate disclosure practices for such positions.

“his salary level is at 14, and also these kind of financial disclosures only apply to senior management service... it is, the function that he serves is relevant, and so it must be tailored to... when you are a senior Crime Intelligence officer than when you holds some other position”

Mrs. Hongwe P confirms that no further enquiries were made from the Ad Hoc Committee's side regarding the matter involving Cat Matlala and drugs.

“that whole story that you just gave us now about Cat Matlala and the drugs and so on , is a way of you saying that there were no further enquiries .”

Major General Senona was explicitly cautioned by Evidence Leader Hassim SC about the implications of ignoring a summons under section 6.

“Major General Senona was explicitly cautioned by, I think the Evidence Leader was Hassim SC on the day of the implications of ignoring a summons under section 6”

Evidence leaders assist and facilitate the work of the Commission and lead the presentation of evidence before the Commission but are not decision makers themselves; decisions belong to the Commission.

“What an evidence leader does ... is an evidence leader assists the Commission. He leads, organises, and tests evidence. That function must be performed fairly, but it is not adjudicative. It is an investigative function.”

Affidavits in the Commission serve a dual purpose: to present facts and to make submissions to assist the Commission in applying the correct legal framework, rather than merely establishing legal foundation as in normal cases.

“Remember that that affidavit does not just deal with the facts, it also is here to make submissions. And to make submissions for the purposes of assisting the Commission, which is why we put to the Commission case law that is intended to set the correct legal framework for this.”

There was thorough questioning and probing of the Section 252 investigation during Mr Mogotsi's evidence, and the related crime intelligence procurement information is addressed fully in the affidavit.

“the Section 252 investigation was thoroughly questioned and probed during Mr Mogotsi's evidence, and we have attached the transcript, which is why this is bulkier than it should be ...”

The allegations made are very serious and go to the heart of ethics, professional ethics, and the integrity of the evidence leader.

“The allegations are so serious . They go to the heart of ethics , professional ethics , and the integrity of the evidence leader”

Successful prosecution is essentially dependent on proper investigation.

“But you would agree that what is essential for successful prosecution at root is investigation, proper investigation?”

Sergeant Ndou went to the scene, responded to the call, and reported back what had happened.

“Sergeant Ndou went to the scene and that he was reporting back that this is what happened rather than Mashaba relaying it via Sergeant Ndou ... He goes to the scene. He responds to the call.”

Chain of custody errors in SAP 13 register, such as omission of number 16, might become significant for prosecution success and must be corrected.

“The error in the SAP 13 register 3.12 looks like it was just an error if one does a cross-check. But it could become significant...Each step along the way is hugely important...That is why this question is quite important.”

Warrant officer Morris recorded 16 packages in exhibit 296842, which corresponds with the SAP 13 register discrepancy about number of bricks.

“Warrant officer Morris...paragraph 9 of Morris's statement...from the sixth sports bag...the second entry...you will see 296842...And it says 16 packages.”

Booysen SAP13 clerk counted the exhibit bags as part of the handover process and protocol was strictly followed.

“when they handed it into the SAP13 clerk, the clerk was also doing the count... All of that totally in accordance with protocol”