Madlanga Commission considering legal action against Mogotsi for no-show

The Madlanga Commission of Inquiry is considering legal action against controversial North West businessman Brown Mogotsi after he didn’t show up to testify on Monday.

Mogotsi called in sick without producing a medical certificate.

Mogotsi first appeared at the commission last November to speak on allegations that he meddled in police affairs, including influencing suspended Minister of Police Senzo Mchunu to disband the Political Killings Task Team (PKTT).

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He has told the commission he's an informant working for the South African Police Service (SAPS)'s Crime Intelligence.

Last week, a Crime Intelligence officer responsible for agents and informants was supposed to appear before the Madlanga Commission; however, they called in sick.

Evidence leader Matthew Chaskalson said there were new issues he wanted to engage Mogotsi on.

“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. 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. 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.”

Chairperson Mbuyiseli Madlanga said the commission will not take any action until advised by the evidence leader, who requested more time be given to Mogotsi to present the medical certificate

“But for your [addressing Chaskalson] request, our idea was to say at present and until we have a medical certificate, Mr Mogotsi is in contempt and our idea when we discussed the matter amongst the three of us was to say because he is in contempt, from where we are sitting, we are going to 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.”

Mogotsi is the the fifth witness to have his hearing postponed due to illness.

The Madlanga Commission is in a race against time to complete its work, with its deadline set for 17 March 2026.

“I think the commissioners, through Justice Madlanga, they are not going to tolerate witnesses coming up with last minute illnesses and they are certainly taking it very seriously,” explained the commission's spokesperson - Jeremy Michaels.