Mogotsi escapes contempt as Madlanga Commission awaits medical certificate
The Madlanga Commission has held off on declaring North West political fixer Brown Mogotsi in contempt after he failed to appear for his scheduled testimony on Monday morning.
The Commission resumed proceedings on Monday, expecting to hear from Mogotsi, who was appearing for the second time.
However, he did not arrive.
Evidence leader Matthew Chaskalson SC informed the panel that a message had been received earlier in the day indicating that Mogotsi was ill.
“Unfortunately, we received a message from Mr Mokgotsi this morning indicating that he is ill, and he has undertaken to provide a medical certificate during the course of the day,” Chaskalson told the commission.
He urged the panel not to rush into a decision regarding contempt.
“It is a very unfortunate situation. I would request that we don’t take any final decisions about how to respond to it until we’ve had the opportunity of looking at the medical certificate that he has assured me will come through later today,” he said.
Chaskalson further placed on record that Mogotsi had previously cooperated with the inquiry.
“Mr Mokgotsi has honoured every undertaking that he’s made to me in relation to delivering statements, appearing and cooperating. While he is in default, I would ask that we wait for the medical certificate that has been promised before deciding how to respond,” he added.
However, commission chairperson Mbuyiseli Madlanga made it clear that the panel had been prepared to act decisively.
“But for your request, our idea, when we discussed the matter amongst the three of us, was to say that at present, and until we have a medical certificate, Mr Mukhotse is in contempt, and we were going to have the Commission initiate the necessary legal processes against him,” Madlanga said.
He emphasised that the decision to pause was directly influenced by the evidence leader’s appeal.
“It is purely because of the request that you have made that we will not immediately have those processes initiated. We will stand the matter down until Wednesday morning at 9:30,” he said.
Madlanga clarified that Wednesday’s sitting would not be for Mogotsi’s testimony, as another witness is scheduled to appear.
“Standing it down for Wednesday morning will be for purposes of considering what we should do about the fact that he is not here today,” he added.
Mogotsi first appeared before the commission in November last year, where he addressed allegations that he interfered in police matters, including claims that he influenced suspended Police Minister Senzo Mchunu to disband the Political Killings Task Team.
The commission is expected to revisit the issue of possible contempt proceedings on Wednesday morning.
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