1. We refer to the above matter and confirm that we act on behalf of Mr Vusimuzi Matlala herein referred to as our client and in our capacity as the legal representative acting on his behalf in these proceedings and we carry instructions to address this letter to you.
2. From the onset, we draw your attention that this correspondence is not intended to address any issue regarding the evidence which will be led by the Evidence Leader in the commission, but to address issues regarding the time period that Mr Matlala was given to prepare and to consult with his legal representatives, which is still subjudice and failure to address them at this stage should not be construed as our clients waiver to do so, and our clients reserves his rights to raise any issue or claim at a later stage and at an appropriate forum should such a need arise.
3. Our legal team have raised concerns regarding the adequate time which they needed to prepare our client for this proceedings, and that certain times frames were not achieveable. The share amount of documents and affidavits that was provided made it virtually impossible for Mr Matlala to be ready to adduce evidence, coupled with the dire circumstances of his detention with its own shortcomings and restrcitions.
4. We want to draw your attention to the fact that consulting with Mr Matlala has become an abosulte nightmare in prison. We at times experience difficulties with the network coverage in C Max and that the infrustracture in C max is not conducive to have a productive consultation as there are no proper facilities and the building itself is not user friendly to enable us to consult with him for a long time and meet the deadline of tomorrow.
5. The detention of Mr Matlala in the C Max Prison has negatively affected our client health and mental capacity. This is an issue which was also raised during his bail application. During our consultation with Mr Matlala yesterday we could pick up that he no longer comprehends some of the issues and we have noticed that he seemed disorientated. We have been instructed by client that his mental capacity is negatively being affected by his incarceration and detention in the C max.
6. It is for these reasons that we want to seek an indulgence from the committee and the evidence leaders that we have this proceedings adjourned. This will afford the legal team of Mr Matlala a ample opportunity to prepare and consult with their client properly and adequately so that they are able to represent and advise him to the best of their abilities concerning all the issued raised in the affidavit.
7. Our client has expressed his willingness to participate with the commission and has at all material times engaged and assited the evidence leaders. At times also with grave difficulty as he does not have access to any documents, laptops and making telephobic contact with person who has some of the dociuent needed. Our clients further participation can only be meaningful if he is afforded an opportunity to properly and adequately prepare himself with the aid of his legal representatives.
8. In light of the above, we humbly request that the proceedings which are scheduled to take place tomorrow be postponed to a future data, so that we are able to consult and advise our client accordingly to his best interest. This will also enable us to finalise his affidavit that needs to be presented to the Commission prior to him giving evidence.
9. Should we not receive a response and written undertaking from your office by 15:00 today, we shall proceed with an urgent application to have the evidence of our client and tomorrow’s proceedings be postponed up until such time that we have properly consulted with our client.
10. Please note that all our clients rights and remedies remains strictly reserved.
11. We hope you find the above in order and look forward to your prompt assistance.