Madlanga Commission | Chaskalson rejects Mogotsi’s recusal bid

May 6, 2026 99

The Madlanga Commission’s chief evidence leader, Advocate Matthew Chaskalson, has rejected the grounds on which controversial North West Businessman and alleged political fixer, Brown Mogotsi, is seeking his recusal.

Mogotsi’s legal team submitted the application last week, aiming to prevent Chaskalson from questioning him during his testimony.

Chaskalson has dismissed claims that he acted unfairly, and has previously accused Mogotsi of lying under oath.

Speaking to Ynews, commission spokesperson, Jeremy Michaels, said advocate Chaskalson’s legal team is expected to formally respond to the application.

“Advocate Chaskalson and the commission’s legal team will be submitting to that application this afternoon and we will be able to give you more detail on that later in the day once those papers have been served on Mr. Mogoti’s lawyers but I think it’s very important to stress that Advocate Chaskalson has very firmly rejected the grounds on which Mr. Mogotsi has brought that application,” said. Michaels.

Michaels added that a new date for Mogoti’s appearance is expected to be determined by 15 May.

Mogoti’s testimony was postponed in early March, after he cited illness.

Meanwhile, the commission has summoned suspended KwaZulu-Natal (KZN) head of the Directorate for Priority Crime Investigation (DPCI), Lesetja Senona, to appear for testimony on the 1 June.

His appearance had initially been scheduled for 8 May but was postponed following an application by evidence leaders.

This will be Senona’s third appearance before the commission.

Evidence leader, Mahlaphe Sello, said one of the considerations for the postponement was Senona’s limited access to official records following his suspension.

Meanwhile Michaels said formal communication will be issued confirming the new date.

“Justice Madlanga pronounced in that request by the evidence leaders and so it is set down on the commission’s schedule for 1 June.”

“Taking into example of major general Senona, just because he has already appeared before the commission. That doesn’t mean that he is not going to be called back, as is the case here. As we have heard over the last few hours and all of yesterday, Major general Senona’s name has featured quite prominently in the testimony by General Flynn,” he added.

Senona’s role remains under scrutiny, particularly in relation to the theft of more than 500 kilograms of cocaine from the Potchefstroom Serious Organised Crime unit in 2021.

Hawks Head of Serious Organised Crime Investigations (SOCI) Major-General, Hendrik Flynn, told the commission there was nothing innocent about the theft.

Flynn testified that the cocaine, seized in Durban in 2021, was improperly handled and stored, raising serious concerns about procedural compliance.

He said the exhibits were kept at the Potchefstroom organised crime unit instead of being properly logged and stored at a police station, before being stolen during a burglary later that year.

This was to determine whether the theft of the seized drugs pointed to a broader pattern or whether it was an isolated case.

He said the findings showed the incident was not part of a wider trend, but rather an anomaly.

“Perhaps what the findings would reveal is that training was required because this is a pattern of non-compliance in police procedures and that was maybe an innocent explanation for the irregularity, however the subsequent theft of the 541 kilograms of cocaine made me very suspicious that the seizure irregularities were not a result of inadequate training.”

Flynn contrasted the case with three others, in which he said proper procedures were followed, including the transfer of drugs from police stations to forensic laboratories for storage until investigations are finalised, before destruction.

However, he said in this case, there was no official record confirming the seizure or detailing the type of drugs recovered, raising serious concerns.

Flynn said the exhibits remained at the Potchefstroom SOCI unit until a burglary occurred in November 2021.

He also revealed that Potchefstroom Police Station, recorded just days after the seizure, that the drugs were being held there, despite them being stored at the SOCI unit.

Flynn told the commission that officers had taken the seized cocaine exhibits to the SOCI unit’s walk-in safe on 22 June 2021.

Senona had previously indicated in his testimony that a lack of storage space at Isipingo Police Station, where the drugs should have been kept initially, prevented proper storage.

Flynn raised concerns that the exhibits were recorded as having been booked into Potchefstroom SAPS, while they were still being held at the SOCI unit.