Brown Mogotsi’s lawyers are in active talks with the commission as they prepare a substantive application to recuse Mathew Chaskalson from leading his evidence.
Image: Ayanda Ndamane / Independent Media
The Madlanga Commission says it is in discussions with North West businessman Brown Mogotsi’s lawyers about his application to have Matthew Chaskalson removed from leading his evidence.
Commission spokesperson Jeremy Michaels said on Monday, on the sidelines of proceedings, that the process was ongoing.
His remarks followed a ruling by commission chairperson Justice Mbuyiseli Madlanga that all proceedings involving a key crime intelligence witness, known as Witness G, will be held in camera because of security and practical concerns.
Witness G, is believed to be involved in crime intelligence operations with agents and informants.
“Regarding Brown Mogotsi’s legal representations, that is a process that is under way,” Michaels said.
“I can confirm that Mr Mogotsi’s lawyers have been in constant contact with the commission’s legal team, and that process is unfolding in terms of the recusal application.”
Mogotsi, who briefly appeared before the commission last week on Tuesday, has instructed his legal representatives to file a substantive application to recuse Chaskalson from leading his evidence.
His testimony is now expected to resume on May 15.
Last week, IOL News reported that in line with Madlanga’s order, Mogotsi’s lawyers were expected to file their application, outlining the reasons for seeking Chaskalson’s recusal, by midday on April 29, 2026.
The legal representative, Makaula Sekgatja, confirmed the intended application.
Chaskalson previously said he had not yet seen the full application but had received an affidavit expected to form its basis.
“We will have to consider our position once we have seen the proper application,” he said.
“I have my own view, but we will discuss it with the full evidence team once we have seen it.”
He added that, if necessary, he may seek permission from the bar council to file an affidavit in response, which could take time.
He indicated he may respond by May 6, with Sekgatja expected to file a reply by May 11 after consulting his client.
In March, the commission threatened legal action against Mogotsi for contempt after he failed to appear.
The commission said action would proceed if he did not provide a medical certificate. Mogotsi later submitted the certificate after consulting a doctor.
The commission had taken a firm stance after Mogotsi notified it shortly before his scheduled appearance that he was unable to attend due to illness.
Chaskalson previously said there were several topics the commission intended to canvas with Mogotsi that had not been addressed either at the commission or in Parliament.
Last year in November, Mogotsi claimed to be a contact agent for crime intelligence.
He also alleged that KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi and King Misuzulu kaZwelithini were agents of the US Central Intelligence Agency.
He later retracted those claims during a recent appearance before an ad hoc parliamentary committee.
Mogotsi has defended his access to sensitive information from the South African Police Service (SAPS) and crime intelligence, rejecting claims that it stemmed from improper relationships with senior officials.
Meanwhile, Michaels said discussions with the Department of Justice were ongoing regarding the commission’s needs.
“We are working closely with the department to ensure it understands the commission’s requirements,” he said.
“The commission’s budget comes from the Department of Justice, and the minister, Mmamoloko Kubayi, is in discussions with the Minister of Finance, Enoch Godongwana.
“The commission is working alongside the department to ensure (the) government understands its resourcing needs. The department has been supportive, and we have no reason to doubt that these matters will be resolved in due course.”
simon.majadibodu@iol.co.za
IOL News