Madlanga commission rejects Brown Mogotsi’s bid to recuse evidence leader Matthew Chaskalson

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 indemn