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"Fixer" Brown Mogotsi to appear before Ad Hoc and Madlanga Commission

Theolin Tembo|Published

Brown Mogotsi, a businessman from the North West.

Image: Oupa Mokoena/Independent Newspapers

Parliament’s Ad Hoc Committee investigating allegations made by SAPS KwaZulu-Natal provincial commissioner, Lieutenant General Nhlanhla Mkhwanazi, will finally have their opportunity to question North West businessman Brown Mogotsi after several delays.

The Ad Hoc Committee met on Monday to discuss housekeeping matters, including the scheduling of witnesses, questions to President Cyril Ramaphosa and correspondence they received.

During Monday’s proceedings, it was shared that Mogotsi will appear in person before the committee on Tuesday, after initially requesting to testify virtually, voicing security concerns.

Mogotsi requested that Parliament cover the travel and accommodation costs for his personal security team as a condition for his appearance. The committee had rejected the request.

The to-and-fro ultimately saw the committee then ask National Assembly Speaker Thoko Didiza to issue a summons compelling Mogotsi’s physical appearance. 

Didiza declined, citing the witness's other concerns and urging the committee to explore alternative solutions

Evidence leader, Advocate Norman Arendse SC said that the committee members would be provided with Mogotsi’s statement once they finalise matters. 

“He sent us a letter that he received from the Madlanga Commission of Inquiry, actually requiring his attendance from the 23rd of February through to the 27th of February, which was a direct clash with us requiring him to appear.

“Nevertheless, in discussions with the evidence leader of the Madlanga Inquiry, we resolved the issue, and he will now be required to appear there on the 2nd of March, and he will appear before the Ad Hoc Committee tomorrow (Tuesday).

“That, however, resulted in delays in finalising his statement. So, to that extent, there will be some inconvenience, and we ask for indulgence,” Arendse said.

Forensic fraud examiner Paul O'Sullivan and former SAPS Lieutenant General Khomotso will return on Thursday to complete their testimony. There will not be a sitting on Wednesday as the Budget Speech is taking place. Phahlane will also be back before the committee on Friday. 

“Mr. O’Sullivan, you may recall, was actually directed by your honourable chair to appear on the 23rd, but again, we arranged with him to come on the 26th, which is on Thursday. He is scheduled to appear for only another two or three hours, taking questions from the remaining honourable members of the committee.

“And we've also requested to have some time to ask him questions, so we would expect Mr. Sullivan to be whole of the morning on Thursday. We also have some new matters which we had received and which we would like to raise with Mr. O'Sullivan,” Arende said.

The committee is also expected to hear evidence from Lt-General Mosikili, Lt-Gen Senthumule and MP Fadiel Adams during 3-4 March. O’Sullivan’s PA, Sarah-Jane Trent, is set for March 5th, and then Advocate Mashuga will appear on March 10th. 

Lt-Gen Vuma is expected on March 11th, with National Commissioner Fannie Masemola and Lt-Gen Mkhwanazi set for 12-13 March.

Inspector-General of Intelligence Imtiaz Ahmed Fazel was suspended in October

Image: Twitter

During proceedings, DA’s Dianne Kohler Barnard raised the matter of suspended Inspector-General of Intelligence (IGI), Imtiaz Fazel.

Fazel was suspended by President Cyril Ramaphosa in October pending a decision in an investigation by Parliament’s Joint Standing Committee on Intelligence (JSCI) into the Inspector-General’s conduct.

Acting police minister, Professor Firoz Cachalia, had shared Fazel’s classified report with the committee. Arendse said that several attempts were made with the assistance of the Ad Hoc committee chair to arrange a meeting with the chair of the Joint Standing Committee on Intelligence, which didn't happen last year.

Arendse said that they did have a meeting with a JSCI chair, “and their view was that whatever happens should take place before that committee, which puts the suspended IGI off limits to this committee”.

“I have, though, in recent weeks, had several requests from the suspended IGI’s (legal) council, other third parties, for him to appear.

“We looked at the legislation, at what was required for him to appear, and subject to the suspended IGI consulting with the president and the Minister of Intelligence, there doesn't appear to be such an impediment to him appearing," Arendse said.

“I don't know how long that process would take or would have taken.”

theolin.tembo@inl.co.za