Advocate Hassim

There have been repeated slippages in speech by Ms Hassim that required interjections and raised concerns about damage to client rights and dignity in relation to confidentiality claims.

“This is now the second incident where slippage is occurring ... the fact that I have had to record the objection now elevates the issue and create[s] the very damage that we have tried to protect my client from ... regarding the impact that can have on the dignity and privacy rights of someone who has made an express claim for confidentiality to avoid this exact situation.”

Mr Carrim is alleged to have been confined to a hospital, but evidence including geolocation data indicates that he did not spend all his hours in the hospital, which is relevant information for the Commission's consideration.

“The geolocation material, as Ms Hassim says, what has always been the impression is that Mr Carrim is in hospital. He is confined to a hospital, right? And once there was information that in fact he does not spend all his hours in a hospital, that is relevant information...”

The Commissioners and Chairperson are urged to postpone the matter until Ms Hassim confirms that all evidence and documents are in order, ensuring fairness especially given General Khan's current health issues.

“Ideally, Chairperson and Commissioners, this matter must be postponed until such time as Ms Hassim tells us that the house is in order, this is the bundle”

Ms Hassim asserts that the Commission is an investigative inquiry, not a trial, and that new evidence including an affidavit was only obtained late yesterday, preventing earlier disclosure to Mr Vally.

“this is a Commission of Inquiry ... The affidavit that was presented to the Commission this morning was only obtained yesterday, late yesterday. I could not have provided it to Mr Vally any sooner”

Sergeant Nkosi denies discussing Mr Matlala's affidavit in the urgent application with Advocate Hassim and says that Mr Matlala's statements in the affidavit are untruthful.

“When he says that he never discussed what Mr Matlala discussed with you, what Mr Matlala's affidavit in the urgent application said about him, is he being truthful or untruthful ? - Untruthful .”