Alleged ANC fixer Brown Mogotsi could be in trouble for lying in his bid to stop Madlanga Commission of Inquiry's chief evidence leader Advocate Matthew Chaskalson SC from leading his testimony.
Image: Ayanda Ndamane / Independent Media
Controversial businessman and alleged ANC fixer Brown Mogotsi could face criminal charges after the Madlanga Commission of Inquiry’s evidence leaders accused him of lying under oath by committing perjury, forgery, and contravening the Commissions Act.
On Friday, Mogotsi brought an application to have Chief Evidence Leader Matthew Chaskalson SC recuse himself from leading his evidence.
In his founding affidavit in support of his application, Mogotsi said during ANC-linked businessman Suleiman Carrim’s testimony before the commission over two days in March, he was contacted by Chaskalson. He said the call lasted six minutes.
“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,” Mogotsi admitted in his affidavit.
He said he did this deliberately to encourage Chaskalson to postpone Suleiman’s testimony, as he was concerned about the commission’s treatment of him and its focus on issues outside its mandate.
Mogotsi stated that his application for Chaskalson’s recusal as evidence leader is based on the grounds of actual and/or a reasonable apprehension of bias.
He said Chaskalson’s role requires strict adherence to independence, fairness, and impartiality.
Advocate Nthabiseng Mohomane, on Mogotsi’s behalf, told the commission that her client wanted Chaskalson to be recused from the matter and an alternative evidence leader be appointed to cross-examine Mogotsi.
She said there was a possibility of perceived bias or impartiality. Mogotsi claimed that Chaskalson offered to assist and protect him in exchange for evidence against Carrim.
It emerged that Mogotsi deleted parts of the WhatsApp conversations and calls, and Mohomane said her client took what he thought was necessary in order to make a case.
Commission Chairperson, retired Constitutional Court Justice Mbuyiseli Madlanga, asked whether, instead of deleting parts of the conversation, he should not have kept them to embarrass Chaskalson.
Justice Madlanga stated that the deletion was calculated to prevent the interpretation of these chats that could disprove Mogotsi's claims.
Mohomane denied that the deleted WhatsApp messages were an attempt to mislead the commission.
Justice Madlanga said Mogotsi was the one who largely made the calls to the chief evidence leader.
“It’s not the chief evidence leader who is desperately trying to get hold of Mogotsi. It may well be an indication that it was Mogotsi who was seeking assistance from the chief evidence leader and not the other way round,” he added.
Evidence leader Adil Hassim SC described Mogotsi’s application as a deliberate misrepresentation of facts and abuse of the commission’s processes.
She said the true picture was that Mogotsi pursued Chaskalson, initiated the conversations, and expressed concerns about Carrim throwing him under the bus.
According to Hassim, Mogotsi sought Chaskalson’s assistance to avoid being used as a scapegoat.
Mogotsi offered to provide evidence against Carrim on the controversial attempted murder accused businessman Vusimuzi “Cat” Matlala's company, Medicare24's multimillion-rand SA Police Service contract.
Hassim said Mogotsi’s admission that his meeting with Carrim and Maumela never took place was serious and that it was not just dishonesty but a deliberate attempt to manipulate the evidence and the commission’s processes.
His conduct should be investigated as a possible offence under the Commissions Act, according to Hassim.
“He deliberately gave false evidence to secure the postponement of Carrim’s evidence,” she added.
Hassim also addressed Mogotsi’s complaint that the commission did not follow up on the information he provided, saying a witness who provides information does not acquire the right to dictate the commission’s investigative priorities.
She said failure to pursue a witness’s preferred leads immediately does not establish bias.
Hassim has asked that the commission continue hearing Mogotsi’s testimony and that the appropriate evidence leader would be Chaskalson.
Justice Madlanga said it appeared that the commission was dealing with a witness who would say or do anything based on what he wanted.
The commission continues.
loyiso.sidimba@inl.co.za