Mogotsi in contempt at Madlanga Commission as O’Sullivan to return to ad hoc committee

The Madlanga commission is considering holding North West businessman Brown Mogotsi in contempt because he failed to appear before it on Monday, while forensic investigator Paul O’Sullivan has agreed to return to Parliament’s ad hoc committee after dramatically walking out last week.

Chief evidence leader Matthew Chaskalson said the commission had received a message from Mogotsi on Monday morning indicating that he was ill.

“Unfortunately, this morning we received a message from Mr Mogotsi saying that he is ill and that he has undertaken to get us a medical certificate in the course of the day,” Chaskalson said, adding that Mogotsi had thus far complied with requests from the commission and his testimony remained important.

“Although he’s already testified extensively here and in parliament, there were several important topics that we wanted to canvass with him that haven’t yet been canvassed here or parliament.”

Mogotsi had “honoured every undertaking he has made” in terms of delivering statements, appearing and cooperating.

“I ask that we wait for the medical certificate that has been promised,” Chaskalson said, adding that Mogotsi would appear without legal representation, unlike during his previous appearance.

Chairperson Mbuyiseli Madlanga said the commission regarded Mogotsi as being in contempt until a medical certificate was produced.

“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 seated, we are going to have the commission initiate the necessary legal processes against him,” he said.

“It is purely because of the request that you have made that we will not immediately have those processes initiated.”

The panel would decide on Mogotsi’s position on Wednesday, before the next scheduled witness testified, Madlanga added.

Mogotsi recently appeared before parliament’s ad hoc committee. He repeated his claims that he had acted as a police informant and crime intelligence reservist. 

He rejected allegations that he had acted as a middleman between suspended police minister Senzo Mchunu and businessman Vusimuzi “Cat” Matlala, who has been described in testimony as the alleged leader of the so-called Big Five cartel. 

Mogotsi said he had been operating in his capacity as a crime intelligence officer. His crime intelligence handler has been summoned to appear before the commission to confirm his police informant and reservist status.

On Monday, the ad hoc committee confirmed that private forensic investigator Paul O’Sullivan had agreed to return on Thursday to continue his testimony after walking out of proceedings on Friday.

Before his walkout, O’Sullivan apologised for the offensive remarks he had made about committee members during an interview with broadcaster eNCA. He had left the inquiry in the middle of his testimony, alleging members of parliament on the committee had mistreated him and made unsubstantiated allegations that he had been a spy and had captured the Independent Police Investigative Directorate.

The Economic Freedom Fighters party has laid a criminal complaint at a Cape Town police station against O’Sullivan for walking out of the committee meeting.