In legal proceedings, parties must disclose all relevant communications and evidence to ensure a complete factual picture; when evidence is selectively disclosed or omitted, it can lead to disputes about what actually transpired between parties, as demonstrated in this courtroom case where the applicant and respondent provided conflicting accounts of communications, with the court questioning whether the full picture of exchanges was presented.
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Courtroom SHOCKER! Madlanga EMBARRASSES Brown Mogotsi’s Legal Team LIVEAdded:
Even if even if it is a Zaska citation, it will still be wrong because you you you must have a Zaska number because I assume that the 169 is the page. So there must be two numbers, the Zaskca number and then there should also be the page number. So the the citation is still wrong. But anyway, yeah, let's let's continue.
>> Um, chair, as as as I was previously submitting.
>> Yes. Yes.
>> As I was previously submitting chair, previously Mr. Mhorti was before the commission with a different legal team.
Subsequent to in January of 2026, the legal team withdrew from the record.
Now, Mr. Karim came on to give testimony before the commission and this occurred on the 9th and the 10th of March respectively.
And it's at this time when there was communication between the evidence leader and Mr. Mui.
Now this communication comes in the form of telephone calls and WhatsApp messages.
Now the content of the WhatsApp messages which are contained in the papers is that there was communication of some sort. Now the dispute is factual in the sense that the applicant gives a different version of what was discussed specifically with the telephone calls and it differs significantly from what the respondent replies.
The applicant in his papers say that the evidence leader had suggested that he can be able to assist him. He can be able to protect him in the event that he gives evidence that is adverse against Mr. Karim Sullean.
That is the case in a nutshell. Now a meeting was to take place on the 10th of March where discussions would go forward regarding the type of evidence.
>> Is it not correct though that uh we would only have a full picture of act or of what actually transpired between Mr. Mosi and the chief evidence leader if we are given uh the full picture of the exchanges between Mr. and the chief evidence leader.
Is that not correct?
I I I don't think that's something you can find in the papers. It's a question that you should be able to answer off the top of your head. Chair, the intention with the perusal was to take the commission to the attachments of the WhatsApp messages which would have the dates and the times when the communication started between both parties.
>> I I I don't think that's what I'm asking. What I'm asking is do you agree or do you not that for us to get a full picture of what actually transpired between Mr. Modi and the chief evidence leader is if we have a full picture of the exchanges themselves is that so or not >> that is that is that is so ch >> has Mr. Muho given us that full picture >> Mr. Mkhoti has given us what he has in his possession in the form of WhatsApp messages. Further there to with regards to the telephone calls, he has given disclosure of what was discussed in those telephone calls that took place.
I am uncertain whether there's anything that he has omitted to give to the commission.
>> I will not get into much detail. I'll just mention one and you'll correct me if I'm wrong. There's the one during uh Mr. Karim's testimony um where Mr. Mozzy sent to the chief evidence leader um what was normally used as laughing emojis but uh with a person with with tears coming down the person's face but uh I I I I think you know what I'm referring to. That's an example of something that was excluded. And from what you said uh I understand you to be suggesting that all that Mr. Mozi has excluded are just uh phone calls but but what I've just referred to I think that too was excluded. That's just one example >> that is >> or am I wrong?
>> There is there is an explanation that is contained in the replying affidavit about >> am I wrong?
>> No. No chair you are not wrong.
>> Yes. How however chair when when that issue was raised Mr. Moti then goes and he addresses the issue and he gives an explanation as to why that was omitted in the images or the WhatsApp chats that were handed in as an ext >> and what's that explanation >> chair the explanation is that he took what was what he thought what he thought was necessary in order to make a case and This chair can find at paragraph 43 of the replying affidavit >> page >> 43 chair >> page in terms of the entire pageionation not not not the page of his affidavit >> 267.
>> Do you want to take us through what you've just referred to please?
That explanation chair >> I guess too big it's fine.
>> Chair will find a 267 of the bundle. You said paragraph 43.
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