North West businessman Brown Mogotsi, a central figure in allegations of corruption, political interference, and leaks of confidential police information, was scheduled to appear before the Madlanga commission of inquiry on Tuesday but is now set to challenge the role of the evidence leader.
Evidence leader Matthew Chaskalson told the Madlanga commission that Mogotsi’s legal team intends to apply for his recusal.
“We have been informed by his legal team that he will apply for my recusal as the evidence leader dealing with his matter,” said Chaskalson.
He noted that while no formal application had yet been filed, an affidavit forming the basis of the challenge had been seen.
“We will have to consider our position once we have seen a proper application.”
He added that the delay was problematic, given that Mogotsi had been expected to testify on the day.
“I have my views, but I will need to discuss the matter with the full evidence leader team and will do so once we’ve seen this application that is still missing.
“What we would want from the commission is to put Mr Mogotsi’s team on terms to file an application.
“It ought to have been filed before today because he was due to appear today,” said Chaskalson.
Mogotsi back in the hot seat on May 15
Chaskalson further indicated that he may need to respond formally once the application is received.
“We would have to consider our position and respond if a response is necessary. I may need to seek permission to depose to an affidavit; that will take some time, and I would ask that we set a timetable for resolving this matter within reasonable time limits and not delay the return of Mr Mogotsi unnecessarily,” he said.
Mogotsi’s legal team confirmed that the recusal application would be filed by close of business on Wednesday. Chaskalson agreed to submit his response by May 6, 2026.
“That would give me enough because it would be a week after the application had come in,” said Chaskalson.
Commission chairperson Mbuyiseli Madlanga ruled that Mogotsi must return to the commission on May 15, 2026.
- Brown Mogotsi, implicated in corruption and political interference allegations, was scheduled to testify before the Madlanga commission but is now challenging the evidence leader’s role.
- Mogotsi’s legal team plans to apply for the recusal of evidence leader Matthew Chaskalson, citing reasons conveyed to the commission but without a formal application yet.
- Chaskalson expressed concern over the delay, as Mogotsi was expected to testify on the scheduled day, and requested that the recusal application be formally submitted promptly.
- The legal team will file the recusal application by close of business on Wednesday, with Chaskalson set to respond by May 6, 2026.
- Commission chair Mbuyiseli Madlanga ordered Mogotsi to return for testimony on May 15, 2026, with plans to set a timetable to resolve the recusal issue efficiently.
Evidence leader
"We have been informed by his legal team that he will apply for my recusal as the evidence leader dealing with his matter," said Chaskalson.
He noted that while no formal application had yet been filed, an affidavit forming the basis of the challenge had been seen.
"We will have to consider our position once we have seen a proper application."
He added that the delay was problematic, given that Mogotsi had been expected to testify on the day.
"I have my views, but I will need to discuss the matter with the full evidence leader team and will do so once we’ve seen this application that is still missing.
"What we would want from the commission is to put Mr Mogotsi's team on terms to file an application.
"It ought to have been filed before today because he was due to appear today," said Chaskalson.
Chaskalson further indicated that he may need to respond formally once the application is received.
"We would have to consider our position and respond if a response is necessary. I may need to seek permission to depose to an affidavit; that will take some time, and I would ask that we set a timetable for resolving this matter within reasonable time limits and not delay the return of Mr Mogotsi unnecessarily," he said.
Mogotsi’s legal team confirmed that the recusal application would be filed by close of business on Wednesday. Chaskalson agreed to submit his response by May 6, 2026.
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Commission chairperson
