The alleged political fixer Brown Mogotsi is facing legal action from the Madlanga Commission of Inquiry for failing to appear on Monday.
Image: Oupa Mokoena / Independent Newspapers
The Madlanga Commission of Inquiry has announced plans to initiate legal action against the alleged political fixer Brown Mogotsi for contempt of the commission's regulations after he failed to appear before the commission on Monday as required.
This follows Mogotsi's notification to the commission prior to his scheduled hearing on Monday, stating he was unable to attend due to illness.
Evidence leader Advocate Mathew Chaskalson SC asked the commissioners not to make a final decision until they have had the opportunity to review Mogotsi's medical certificate.
He noted that despite Mogotsi's extensive testimony before the commission and in Parliament "there were several topics that the commission wanted to canvass with him which have not been canvassed either here or in Parliament".
The commission, however, stated that in the absence of a medical certificate, which Mogotsi promised to provide later in the day after consulting a doctor, the commission would proceed with initiating legal action against him.
Justice Mbuyiseli Madlanga, heading the commission, said: "At present and until we have a medical certificate Mr Mogotsi is in contempt. Our idea when we discussed the matter among the three of us was to say that because he is in contempt from where we are sitting we are going to have the commission initiate the necessary legal processes against him."
He, however, said the legal processes will not be initiated immediately pending receipt of a medical certificate to verify Mogotsi's claim.
The commission will resume on Wednesday to hear testimony of Major-General Richard Shibiri, who has been accused of attempting to interfere in the murder case of Vereeniging engineer Armand Swart in April 2012.
Madlanga stated that the hearing scheduled for Wednesday would also address Mogotsi's absence on Monday, and determine the next steps regarding his non-appearance.
He explained that the commission will not sit on Tuesday because one of the commissioners will not be available.
The latest postponement follows the delay of testimony from a crime intelligence officer believed to be Mogotsi's handler.
This was going to be Mogotsi's second appearance before the commission for further questioning after his last appearance in November when he claimed to be a contact agent working for crime intelligence.
He also claimed that KwaZulu-Natal SAPS Commissioner Lieutenant-General Nhlanhla Mkhwanazi and King Misizulu KaZwelithini were agents for the Central Intelligence Agency (CIA).
However, Mogotsi retracted the claims about Mkhwanazi and KaZwelithini during his recent appearance at the Ad Hoc committee in Parliament.
Mogotsi also defended his access to sensitive information from the SAPS and crime intelligence, disputing claims that it stemmed from dubious relationships with senior police officers or government officials.
He told the commission last year that he learned about the December 31 letter penned by suspended Police Minister Senzo Mchunu to disband the Political Killings Task Team through social media, not via any connection to Mchunu.
Two weeks ago the testimony of Sergeant Fannie Nkosi, known as Witness F, was postponed to March 16 after he was hospitalised.
Nkosi’s cover was blown during SAPS Deputy National Commissioner Shadrack Sibiya's five-day testimony, leading Justice Mbuyiseli Madlanga to allow his identity to be revealed.
Last week, co-commissioner Advocate Sesi Baloyi SC hinted that the commission might require doctors issuing medical certificates to testify, saying: "With a risk that this may be a recurring issue as you indicate...Perhaps you may want to consider whether at some point, if this persists, a medical doctor or health professional who signs a certificate should not be called to come and testify."
rapula.moatshe@inl.co.za