The Madlanga commission of inquiry is weighing possible legal action against controversial North West businessman Brown Mogotsi after he failed to testify on Monday, citing illness.
Mogotsi initially failed to provide a medical certificate, despite his scheduled return to the commission to address new issues raised by evidence leaders.
A message on Monday morning informed the commission that he was unwell, disrupting the proceedings. He undertook to submit a medical certificate later in the day.
Evidence leader Matthew Chaskalson told the commission that while the development was very unfortunate, he urged restraint until the promised medical documentation had been received and reviewed.
Requests from the commission
“Unfortunately, this morning we received a message from Mr Mogotsi saying he is ill, and he has undertaken to get us a medical certificate in the course of the day,” Chaskalson said.
“It’s a very unfortunate situation, and I would ask that we don’t take any final decisions about how to respond to it until we’ve had the opportunity to look at the medical certificate he’s assured me will come through later today.”
Chaskalson added that, up to this point, Mogotsi had complied with requests from the commission.
“I should place on record that hitherto Mr Mogotsi has honoured every undertaking he has made to me in relation to delivering statements, appearing, and cooperating,” he said.
Commission chairperson retired judge Mbuyiseli Madlanga indicated that the panel had initially considered declaring Mogotsi in contempt for failing to appear without prior submission of a medical certificate.
He said the commission had even discussed initiating legal processes against the businessman.
“But for your request, our idea was to say at present and until we have a medical certificate, Mr Mogotsi is in contempt,” Madlanga told Chaskalson.
“Our idea, when we discussed the matter among the three of us, was to state that, because he is in contempt, we would have the commission initiate the necessary legal processes against him.
“It is purely because of the request that you have made that we will not immediately have those processes initiated.”
Interference in police operations
Mogotsi first appeared before the commission in November last year to address allegations that he interfered in police operations.
Among the claims under scrutiny is that he influenced suspended Minister of Police Senzo Mchunu to disband the political killings task team.
He has told the commission that he serves as an informant for the police’s crime intelligence division.
His absence on Monday follows a similar development last week, when a crime intelligence officer responsible for managing agents and informants also failed to appear before the commission, citing illness.
The commission has recently expressed concern over what it describes as a troubling pattern of witnesses reporting sick at critical moments.
The commissioners have warned about the repeated or delayed submission of questionable medical certificates, raising concerns about attempts to delay proceedings.
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