Alleged ANC fixer and controversial North West businessman Brown Mogotsi has refused to answer questions at the Madlanga Commission of Inquiry due to fear of incriminating himself.
Image: Oupa Mokoena / Independent Newspapers
More legal troubles look set to follow controversial North West businessman and alleged ANC fixer Brown Mogotsi after he refused to answer several questions due to his fear of incriminating himself.
On Friday, the Madlanga Commission of Inquiry dismissed Mogotsi’s application to have chief evidence leader Matthew Chaskalson SC recuse himself and another evidence leader lead his testimony.
Mogotsi admitted to lying during ANC-linked businessman Suleiman Carrim’s testimony before the commission over two days in March after initially claiming that Chaskalson initiated contact when, in fact, the opposite was true.
“I began by suggesting he (Chaskalson) ask about a meeting between myself, (R2 billion Tembisa Hospital scandal-linked businessman) Morgan Maumela, and Suleiman (Carrim), a meeting which never took place,” he further conceded.
The commission wants Mogotsi to be referred to the SA Police Service for investigation of the offences of perjury, forgery, and related offences, including contravening the Commissions Act and its regulations.
Commission chairperson, retired Constitutional Court Justice Mbuyiseli Madlanga, dismissed Mogotsi’s application to have Chaskalson recuse himself and indicated that the reasons will be given during the course of next week or the week after.
Mogotsi started giving evidence on Friday afternoon and was led by Chaskalson.
His legal representative, Advocate Nthabiseng Mohomane, told the commission that Mogotsi intended to bring an application to review Justice Madlanga’s decision.
“We thought it prudent to bring it to the attention of the commission,” said Mohomane.
Justice Madlanga said that because there was no interdict at that stage, the commission would continue with the hearing of Mogotsi’s evidence.
Mogotsi then complained that Mohomane was constantly interrupted during the recusal application.
He said this was despite having come to the commission voluntarily before. “I’m very much unhappy with the proceedings,” Mogotsi protested.
When he finally resumed giving his evidence, Mogotsi was asked whether suspended deputy national police commissioner Lieutenant-General Shadrack Sibiya’s evidence before the commission was that he had never met him before the ANC’s January 8 Statement event in Khayelitsha, Cape Town.
Chaskalson recalled that Sibiya said he did not discuss any official policing business or operational, investigative, or intelligence matters with Mogotsi.
He responded: “To all the answers, I’m not going to incriminate myself, going forward.”
Justice Madlanga then interjected, stating that: “For you to simply say this incriminates you, you don’t explain how, you don’t explain what the crime is, we are completely in the dark.”
The commission chairperson said the inquiry may have to consider Mogotsi’s stance, but explained that he was not saying he was entitled to raise what he was raising.
“It may well be that there is a basis for substantiating it and for exculpating yourself from the possible applicability of section 6 (of the Commissions Act) and the relevant regulations,” Justice Madlanga added.
Chaskalson suggested that it would be appropriate for Mogotsi to take legal advice and understand his legal position, as the evidence leaders would want a refusal to answer questions to be followed by a referral for possible prosecution.
Mohomane informed the commission that her instructions were that her client was not just refusing to answer questions relating to Sibiya, but would not incriminate himself any further throughout his testimony.
Mogotsi undertook to answer all questions.
“I will sit here and answer all the questions, I will respond to all questions. If a question is asked, I’m not refusing to answer,” he said, adding that in a self-incriminatory environment, he believes he should be allowed to do so.
The commission will take a two-week adjournment until June 1 as it finalises its second interim report.