North West businessman Brown Mogotsi swears to tell the truth ahead of his recent appearance before Parliament's Ad Hoc Committee, but questions have been raised about his sudden illness that prevented him from appearing before the Madlanga Commission of Inquiry on Monday.
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“Last-minute illnesses” will no longer be tolerated at the Madlanga Commission, was the frustrated response of inquiry chair Mbuyiseli Madlanga after learning that witness Brown Mogotsi was unavailable to testify on Monday morning.
Mogotsi could face possible legal action if his claimed illness is not appropriately substantiated.
When proceedings began, evidence leader Matthew Chaskalson SC informed the panel that Mogotsi had contacted him earlier that morning, stating he was unwell and unable to attend. Chaskalson added that Mogotsi intended to seek medical attention during the day and would provide a medical certificate.
Responding to the unexpected adjournment, Jeremy Michaels, the commission spokesperson, told the media that the inquiry was treating last-minute illness claims with the utmost seriousness.
“As you heard, he indicated he (Mogotsi) would be seeking medical attention and would furnish the commission with a medical certificate,” Michaels said. “But this is obviously problematic.”
He emphasised that the commission cannot function effectively if witnesses withdraw at the eleventh hour without verified medical proof. At the time of adjournment, no certificate had been submitted.
Commission chair Mbuyiseli Madlanga signalled that patience was wearing thin.
While Chaskalson noted that Mogotsi had been cooperative up to this point and requested to consult a doctor, the commission made clear that goodwill has limits.
Michaels confirmed that the inquiry was considering its legal options. These could include a finding of contempt and, if Mogotsi fails to provide satisfactory medical evidence, an application for a warrant of arrest.
“The commission cannot have a situation where witnesses simply fall ill at the last minute,” Michaels said.
Madlanga is expected to determine the next steps once the promised medical certificate is received.
The inquiry is set to resume, with attention now firmly fixed on whether Mogotsi’s absence was legitimate or a test of the commission’s authority.
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