Madlanga Commission | Mogotsi refuses to answer questions, cites self-incrimination

Embattled North West businessman, Brown Mogotsi, stirred up drama at the Madlanga Commission on Friday after refusing to respond to nearly every question posed to him by evidence leader, Matthew Chaskalson.

This is after Mogotsi’s recusal application to have Chaskalson recused was dismissed after he expressed dissatisfaction with the line of questioning.

“The application is dismissed. Reasons will be given during the course of next week, if not, the week after. The effect of the dismissal application is that Mr. Mogotsi’s evidence will be heard today,” ruled Justice Madlanga.

Although has conceded to testify, Mogotsi repeatedly invoked his privilege against self-incrimination in response to questions.

Justice Madlanga directed that proceedings continue despite the stance.

Advocate Chaskalon asked Mogotsi whether suspended Deputy National Police Commissioner, Shadrack Sibiya, was correct in stating that the first time they met was in Cape Town around the January 8th event. Mogots responded, saying, “I’m not going to incriminate myself, Chair.”

Chaskalson further asked whether Sibiya had ever discussed official policing business, operational directives or intelligence matters with him at any point. Mogotsi again refused to respond,  stating that he would not incriminate himself.

Mogotsi later indicated that he would maintain the same position to all questions, despite earlier confirming he would testify.

He was also questioned about previous allegations he made against in Parliament against KwaZulu Natal police commissioner, Nhlanhla Mkhwanazi and King Misuzulu kaZwelithini, which he had since withdrawn.

In November 2025, Mogotsi had claimed that Mkhwanazi and the King were allegedly recruited by the CIA to defend Western and Israeli interests, including around the Richards Bay Coal Terminal.

Mogotsi told the Madlanga Commission today that he has since apologised to Mkhwanazi for suggesting that he may have been linked to the CIA.

He said that his remarks were made without basis and has sought to clarify his earlier public statements.

Mogotsi added that he is willing to retract claims that could not be substantiated with evidence.

“When you were at Parliament you withdrew your allegations against General Mkhanazi and King Misuzulu and you apologised for casting aspersions on them. Can we then accept that, from your submission, the commission doesn’t have to pursue those allegations further?,” asked Chaskalson.

“Like I said, every question I will respond, chair. Indeed in parliament I said so but I do not want to incriminate myself, chair,” responded Mogotsi.

Earlier today, Advocate Adila Hassim, another evidence leader at the commission, opposed Mogotsi’s recusal application arguing it had no legal basis and appeared to be a delay tactic.

She said Mogotsi is not a decision maker in the process and therefore cannot determine bias against the evidence leader.

“And we submit again, with respect, that the commission should find that there is no legal basis that is set for the recusal of our evidence leader as if he were a judge or a decision maker, that the applicable inquiry is to whether continued involvement of unfairness that Mr. Mogotsi has not established any such unfairness, that the allegations that Mr. Chaskalson has induced false evidence is unsupported and is contradicted by Mr. Mogotsi’s own submissions, and that my own personal opinion is these are baseless and slanderous allegations,” said Hassim.

Hassim further rejected claims of improper pressure by Chaskalson, saying Mogotsi’s own submissions contradicted his allegations.

She also raised concerns over WhatsApp material submitted by Mogotsi, alleging that it may have been manipulated and contained deleted messages not properly disclosed.

Mogotsi also expressed dissatisfaction with how he says he has been treated at the commission and how the recusal application process unfolded.

He also alleged that his legal counsel was repeatedly interrupted during submissions.

Written by: Odirile Rabalao