By Johnathan Paoli
The Madlanga Commission of Inquiry has adjourned and postponed proceedings to Wednesday, following Brown Mogotsi’s claim that he is unable to testify, due to medical reasons.
Appearing before the commission on Monday morning, chief evidence leader Matthew Chaskalson said that despite there being several issues he wanted to examine Mogotsi on, he had received a message from him saying that he is ill.
“It is a very unfortunate situation, I would ask that we don’t make any final decisions about how to respond to it, until we have the opportunity to take a look at the medical certificate. We have been told that he will get us a certificate, as soon as he returns from a doctor,” Chaskalson said.
The evidence leader also indicated that Mogotsi no longer had any legal representation.
Commission chair Justice Mbuyiseli Madlanga indicated that, but for Chaskalson’s submissions, the commission would have found Mogotsi in contempt.
“But for your request, our idea was to say, at present and until we have a medical certificate, Mr Mogotsi is in contempt. And our idea was to say, because he is in contempt, we were going to initiate legal proceedings against him,” Madlanga said.
A decision on how to proceed with the alleged contempt will be taken on Wednesday morning.
Proceedings however, will resume with testimony from national Organised Crime head Robert Shibiri, who is alleged to have been in WhatsApp communication with tenderpreneur Vusimusi Matlala, including alleged exchanges of money.
The commission enters the final month of its mandate next week, amid discussions about a possible extension.
Established by President Cyril Ramaphosa in September last year, the commission was initially given six months to probe alleged criminal and political infiltration of South Africa’s criminal justice system, with its deadline set to expire on 17 March.
More than 30 witnesses have testified so far, with the inquiry currently in phase two, allowing implicated individuals to respond to allegations.
Phase three will involve recalling witnesses for cross-examination.
Commission spokesperson Jeremy Michaels confirmed last week that engagements with the Presidency on a potential extension are under way, noting that the commission still has substantial work to complete.
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