Alleged political fixer and North West businessman Brown Mogotsi is seeking to prevent Advocate Matthew Chaskalson SC from leading his testimony at the Madlanga Commission of Inquiry when he returns on 15 May.
Mogotsi, who made a brief appearance before the commission on Tuesday, has instructed his legal team to file a substantive application for Chaskalson’s recusal. The application, detailing the grounds for the request, is expected to be submitted by midday on 29 April 2026, in accordance with directions issued by Mbuyiseli Madlanga.
His lawyer, Makaula Sekgatja, confirmed the planned application, signalling a likely delay in proceedings.
Chaskalson said Mogotsi had initially been scheduled to testify on 28 April but that the legal team had since indicated their intention to seek his recusal. While he has not yet seen the full application, he confirmed receipt of an affidavit expected to underpin it.
“We will have to consider our position once we have seen the proper application,” Chaskalson said, adding that any formal response may require approval from a bar council and could take time.
He indicated he may respond by 6 May, with Mogotsi’s legal team expected to file a reply by 11 May after consulting their client.
The development follows earlier tensions between Mogotsi and the commission. In March, the inquiry warned it could pursue legal action for contempt after he failed to appear. That action was held in abeyance pending submission of a medical certificate, which Mogotsi later provided.
The commission has previously indicated it intends to question Mogotsi on several matters not yet explored in either the inquiry or Parliament.
During a prior appearance in November, Mogotsi claimed he was a contact agent for crime intelligence and made allegations that KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi and Misuzulu kaZwelithini were linked to the CIA—claims he has since withdrawn before a parliamentary committee.
He has also defended his access to sensitive information, rejecting suggestions that it stems from improper relationships within the South African Police Service or government.
Mogotsi is expected to return to the commission in mid-May, subject to the outcome of the recusal application.