Brown Mogotsi Photo: Delwyn Verasamy
The Madlanga commission on Friday dismissed an application by North West businessman Brown Mogotsi to recuse evidence leader Matthew Chaskalson, rejecting claims of bias and unfair prejudice.
Mogotsi alleged that Chaskalson had promised to protect him during the commission’s hearings if he provided damaging evidence against North West businessman and ANC backer Suleiman Carrim.
But commission chairperson Judge Mbuyiseli Madlanga rejected the claim, saying the exchanges between Mogotsi and Chaskalson did not show any promise of protection or threat of reprisal.
“The application is dismissed,” Madlanga said. “The effect of the dismissal is that Mr Mogotsi’s evidence will be heard … Mr Mogotsi’s evidence will be led by Mr Chaskalson.”
Mogotsi said in his founding affidavit that his interactions with Chaskalson began in March this year after his attorney withdrew from representing him at the commission. He alleged that Chaskalson indicated he would protect him if he provided incriminating evidence against Carrim.
“During this period, advocate Chaskalson and I had various WhatsApp calls and text conversations concerning Mr Suleiman and his evidence. The tone and context of these conversations caused me grave concern regarding advocate Chaskalson SC’s impartiality,” Mogotsi said.
In one exchange, Mogotsi said he texted Chaskalson: “I think you can help me”, to which Chaskalson replied: “I think so too. But you can’t mess me around.
“Ironically, he had earlier, when I was testifying, called me a liar and dishonest, yet reached out to me for information against Suleiman under the promise of protecting me,” Mogotsi stated in his affidavit.
The commission said it was Mogotsi who initiated contact with Chaskalson and subsequently offered to provide information about Carrim and alleged crime boss, Vusimuzi “Cat” Matlala.
“The impression formed, according to Mr Mogotsi’s case, is that: ‘If I don’t bring anything valuable, if I don’t bring anything useful, then I cannot be indemnified, or I cannot be saved’,” argued Mogotsi’s attorney, advocate Nthabiseng Mohomane.
“I informed him that I needed protection and he assured me that he would ‘sort me out’, but again pressed for more evidence against Sueliman,” Mogotsi said in his affidavit.
Chaskalson, however, described the allegations as fraudulent. He said Mogotsi’s case rested on the claim that he had improperly pressured him to provide evidence against Carrim and that any “help” offered was conditional on implicating Carrim. The record, he said, showed the opposite.
“I have never suggested to Mr Mogotsi that he should give false evidence to implicate Mr Carrim,” Chaskalson said in his affidavit.
Chaskalson also accused Mogotsi of submitting falsified evidence by deleting several missed calls and text messages.
“Mr Mogotsi has removed a text that he sent me on 12 March 2026, at 11.29 pm, in which he stated: ‘M worried about coming [to the commission offices]’, also mentioning that ‘I called u at night, thought it would be strategic also’,” Chaskalson said.
“I also deny that I ever offered to protect Mr Mogotsi from adverse findings by the commission if he could implicate Mr Carrim. I would never offer any witness a quid pro quo for implicating another witness and I have not done so.”
Chaskalson said Mogotsi’s conduct could amount to criminal behaviour, including falsifying evidence, improperly impugning an evidence leader and acting in a manner prejudicial to the orderly conduct of the commission.
He said Mogotsi initiated and pursued the communications because he was concerned that Carrim was blaming him.
“Mr Mogotsi sought assistance to avoid being used as a scapegoat and Mr Mogotsi himself offered to provide evidence concerning Mr Carrim and the SAPS/Medicare24 Tshwane district contract,” Chaskalson said.
Commissioner Sesi Baloyi also questioned Mogotsi’s claims of bias.
“Is it not opportunistic to offer Mr Chaskalson information on Mr Carrim and then fail to deliver because Mr Mogotsi, as it turns out, does not have such information?” Baloyi asked.
“You offer and then you fail to deliver. And without more, you say: ‘He is going to be biased against me.’”
Baloyi noted that Mogotsi had not pointed to any messages in which Chaskalson expressed anger or threatened retaliation after he failed to provide information.
