Brown Mogotsi, a North West businessman linked to the ANC, is attempting to block Advocate Matthew Chaskalson from leading his testimony [1].
The legal maneuver comes as the Madlanga Commission of Inquiry investigates high-level conduct at the Brigitte Mabadlana Justice College in Pretoria [1, 4]. Mogotsi's efforts to remove the chief evidence leader suggest a deepening conflict between the commission's goals and the witness's desire to avoid legal jeopardy.
During his testimony, Mogotsi refused to answer specific questions posed by the commission. He said, "I'm not going to incriminate myself" [2]. This refusal has placed him in a precarious legal position, as he now faces potential criminal charges for perjury [3].
Mogotsi argues that the questioning process has been unfair [3]. He has sought to prevent Chaskalson from leading the proceedings to avoid providing information that could be used against him in criminal court [2].
Advocate Chaskalson denied the allegations of unfair questioning [3]. Despite the friction, reports indicate that Mogotsi was scheduled to resume his testimony this Tuesday and Wednesday [3].
The commission continues to operate as a mechanism for public accountability in South Africa. The clash between the right against self-incrimination and the mandate of a commission of inquiry remains a central tension in these proceedings [1, 2].
“"I'm not going to incriminate myself"”
The attempt to disqualify the chief evidence leader indicates a strategic effort by the witness to limit the scope of the commission's findings. By invoking the right against self-incrimination, Mogotsi is prioritizing his personal legal defense over the commission's transparency goals, which may lead to a stalemate or further criminal litigation regarding perjury.
