Mogotsi holds no matric certificate and lacks any formal police training.
Alleged political fixer Oupa Brown Mogotsi was pressed on Thursday to explain his lack of qualifications and his failure to produce any proof that he operates undercover for the South African Police Service (Saps).
Mogotsi’s cross-examination continued at the Madlanga commission, held at the Brigitte Mabandla Justice College in Pretoria.
The inquiry is probing allegations of political meddling, corruption, and criminal behaviour within South Africa’s justice system.
Third day of Brown Mogotsi’s testimony
Mogotsi — who asserts that he has worked as a contact agent for the Crime Intelligence division since 1999 — faced intense scrutiny over his claims on Thursday.
The commission’s chairperson Mbuyiseli Madlanga confronted him directly, saying he had “a fundamental problem” with Mogotsi’s evidence because it seemed the witness did not grasp the seriousness of taking an oath.
Madlanga raised concerns after Mogotsi admitted he had lied about having worked in the office of Police Minister Senzo Mchunu, who is currently on special leave.
“Do you consider an oath to be binding on your conscience?” Madlanga asked.
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Mogotsi insisted he only lied to carry out his duties.
“For the purpose of the mission I was undertaking, it was the only way to execute that mission.”
When Madlanga continued pressing for clarity, Mogotsi suggested that the chairperson was “suppressing” him.
“When I came here to the commission, I never said I am a high priest.
“I said I am a state agent and I have an instrument called legend building, which allows me in circumstances in executing my duties to use what you call a false life. It’s part of what I do.”
Mogotsi took exception to evidence leader Matthew Chaskalson describing him as a “professional liar“.
He argued that Chaskalson was acting as a prosecutor instead of an impartial evidence leader.
He was similarly upset with Commissioner Sesi Baloyi for stating that he was making allegations without proof.
Watch the Madlanga commission below:
Mogotsi insisted his role was to gather intelligence, “which must be converted into evidence”.
He argued that the commission must determine whether he is a co-agent, but Madlanga indicated this would be determined at a later stage.
“We cannot do that, not now,” the retired judge responded.
Ultimately, Mogotsi again acknowledged lying under oath.
Then Madlanga told the witness: “An oath is meaningless to you, and I have no reason to believe that the one you took here means anything to you.”
Qualifications questioned
Commissioner Sandile Khumalo queried whether Mogotsi had ever served in uMkhonto weSizwe (MK), the ANC’s former military wing.
Mogotsi claimed he had served between 1993 and 1995.
Khumalo highlighted that MK was dissolved in 1993 and questioned whether Mogotsi would have been a 13-year-old operative.
Mogotsi then clarified his birth year, saying he was born in 1977 rather than in August 1979.
“So that’s another lie in your affidavit,” Khumalo replied.
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Mogotsi blamed the discrepancy on an identity document error by the Department of Home Affairs.
“We have tried in so many ways to rectify that,” he said.
He added: “I was born [on] 22 September 1977, not August. But the error that came from Home Affairs, there was no way I could reverse and change it.”
He further conceded that he holds no matric certificate and lacks any formal training in policing, intelligence, or forensic investigation.
This drew another challenge from Khumalo, who asked: “But now you want this commission to believe that in 2020 you were hired to investigate irregularities within Crime Intelligence.”
Mogotsi responded that his basic training was in counter-intelligence.
Co-handler confirmed agent status
He told the commission he had taken Chaskalson to meet his “handler”, a Crime Intelligence officer, at a hospital.
“He explained to him when I was registered and what happened after deregistration.”
However, Khumalo stressed that Mogotsi has not produced any documentation confirming his role or his alleged investigations.
“We have nothing in front of us,” the commissioner said. “There are no documents that support the version that you are a contact agent and conducted these investigations.”
Mogotsi argued that such documents do not exist for undercover operatives.
“He [Chaskalson] met with my co-handler, and I believe that they will provide my file because when you work, you report. All that information stays with your handler.
“There is no way I can bring papers to give to you unless the commission has this belief that I just came here to impress people.”
Chaskalson confirmed the meeting.
“We did interview, in a hospital, a man describing himself as Mr Mogotsi’s co-handler. He did confirm that he had been running Mr Mogotsi as an agent.
“We have certain questions we would like to ask that man, but we are waiting for him to recover from his health condition,” he told the commission.
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