The Madlanga commission of inquiry has dismissed an application by North West businessman Brown Mogotsi seeking the recusal of evidence leader Mathew Chaskalson, clearing the way for Chaskalson to continue leading Mogotsi’s testimony on Friday.
Commission chairperson Mbuyiseli Madlanga announced the ruling after lunchtime.
“The application is dismissed. Reasons will be given during the course of next week, if not, the week after. The effect of the dismissal application is that the evidence will be heard today, and Mr Mogotsi will be led by the chief evidence leader Mr Chaskalson,” said Madlanga.
Mogotsi, who has emerged as a central figure in allegations involving corruption, political interference and the leaking of confidential police information, had sought Chaskalson’s recusal amid claims relating to their communications.
Mogotsi ‘to pursue review application’
Despite the ruling, Mogotsi’s legal team indicated that he intended pursuing a review application following the dismissal of the recusal bid.
Madlanga, however, made it clear that the inquiry would continue in the absence of any court order halting proceedings.
“But because there is no interdict at this stage, we will be continuing with the hearing of the evidence,” Madlanga responded.
WhatsApp exchange ‘tempered with’
During arguments on the recusal application, evidence leader Adv Adila Hassim accused Mogotsi of tampering with WhatsApp exchanges between himself and Chaskalson.
Hassim told the commission that Mogotsi had submitted evidence that concealed the deletion of messages and calls from their communication history.
“He denied tampering, but then he admitted that he deleted the message on March 12, 2026. He said the deletion was made to protect the conversation from unnamed third persons. I am not sure what we are supposed to make of that,” said Hassim.
According to Hassim, Mogotsi also acknowledged deleting call records that he considered irrelevant.
“What he deleted was six calls to Mr Chaskalson, which Mr Chaskalson refused to answer. He selected what he considered relevant, and this is misleading to the commission,” Hassim added.
Mogotsi targeted Chaskalson
Hassim further argued that Mogotsi had targeted Chaskalson because he believed businessman Sulliman Carrim was using him as a scapegoat.
She maintained that Chaskalson was not a decision-maker within the commission and had no authority over issues of admissibility or credibility, which ultimately rest with the commissioners.
Hassim also revealed that she intended requesting investigations into possible perjury and forgery once her submissions were concluded.
“Mogotsi admitted that speaking about Mr Carrim was a lie to secure the postponement. He gave false evidence. Those are the words he said in his affidavit.”
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- The Madlanga commission of inquiry has dismissed an application by North West businessman Brown Mogotsi seeking the recusal of evidence leader Mathew Chaskalson, clearing the way for Chaskalson to continue leading Mogotsi’s testimony on Friday.
- Commission chairperson Mbuyiseli Madlanga announced the ruling after lunchtime.
- “The application is dismissed.
- Reasons will be given during the course of next week, if not, the week after.
- The effect of the dismissal application is that the evidence will be heard today, and Mr Mogotsi will be led by the chief evidence leader Mr Chaskalson,” said Madlanga.
