Brown Mogotsi accused of lying under oath at commission

Businessman Brown Mogotsi faced detailed questioning at the commission of inquiry on Wednesday after evidence leader advocate Matthew Chaskalson highlighted discrepancies in affidavits Mogotsi submitted in a tender dispute and a separate undercover police operation.

Chaskalson put it to Mogotsi that his replying affidavit in a court matter incorrectly stated that certain events related to the tender only took place in September. Mogotsi denied intentionally misleading the court and said the affidavit had been prepared by lawyers at the time.

The evidence leader also questioned a statement Mogotsi made in a February 2025 affidavit submitted in support of a Section 252A covert operation. In that document, Mogotsi said he was employed in the Office of the Minister of Police. Mogotsi confirmed during testimony that this was not accurate, saying he could not disclose his role as an agent when the affidavit was prepared.

Chaskalson put it to him that this amounted to lying under oath. Mogotsi said he understood that lying under oath is an offence, but explained that the description was included because the operation required certain formalities to be met in order to obtain authorisation.

“What I’m saying to you is you actually lied on oath in your replying affidavit... you lied, and you said these events only happened in September.”

Chaskalson challenged this explanation, noting that the operation had already been discontinued by the time Mogotsi signed the affidavit. Mogotsi disagreed, saying the operation had not been formally abandoned and that delays in locating a police officer involved did not mean it had ended.

The evidence leader also referred to Mogotsi’s earlier witness statement indicating that the undercover work had been intended to gather information that could lead to charges against senior police officials. Mogotsi said the intention was informed by information he had received at the time.