Alleged political fixer Brown Mogotsi.
Image: Oupa Mokoena / Independent Newspapers
The alleged political fixer and North West businessman Brown Mogotsi, wants to block the Madlanga Commission of Inquiry's chief evidence leader, Advocate Matthew Chaskalson SC, from leading his testimony when he reappears before the commission on May 15.
Mogotsi, who briefly appeared before the commission on Tuesday, has instructed his legal representatives to file a substantive application to recuse Chaskalson from leading his evidence.
His lawyers are expected to file their substantive application outlining their reasons for wanting Chaskalson recused from handling Mogotsi's evidence by midday today in line with Justice Mbuyiseli Madlanga's order.
Mogotsi's legal representative Makaula Sekgatja confirmed an intended application for Chaskalson's recusal from leading their client's testimony.
Chaskalson said Mogotsi was due to be recalled Tuesday but Mogotsi's legal team informed him that they plan to apply for his recusal.
"We haven't seen the application yet but we have seen the affidavit which we are told is going to form the basis of the application. We will have to consider our position once we have seen proper application. I have my own view but we will obviously have to discuss it with the full evidence team and we do so once we have seen this application," he said.
He said that if a response is necessary, he may seek permission from a bar council to file an affidavit, which will take some time.
Chaskalson said he may respond by May 6, and by May 11, Sekgatja would have consulted with his client to file his replies.
In March the commission threatened to initiate legal action against Mogotsi for contempt of its regulations after he failed to appear before the commission.
The commission, however, stated that legal action was pending if Mogotsi failed to furnish it with a medical certificate. Mogotsi promised to provide the medical certificate after consulting a doctor, which he did.
The commission's tough stance follows Mogotsi's notification to the commission before his scheduled hearing, stating he was unable to attend due to illness.
Chaskalson previously said there were several topics that the commission wanted to canvass with him, topics that have not been discussed either at the commission or in Parliament.
During his last appearance in November last year Mogotsi 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 has 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.
Last year, he told the commission 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.
Cape Times