D-day for Brown Mogotsi as court to rule on bail in alleged fake assassination plot

The Johannesburg Magistrate’s Court is set to decide whether North West businessman Brown Mogotsi will be granted bail in a high-profile case in which prosecutors allege he staged his own assassination attempt and misled investigators.

State opposes bail

The State urged the court to deny bail, saying Mogotsi should remain in custody. Prosecutors told the court their case rests on allegations that witnesses saw Mogotsi exit his vehicle, fire shots at it and later claim there had been an attempt on his life.

According to the prosecution, Mogotsi also attempted to bribe a police officer in connection with his bail application and provided investigators with an incorrect residential address. The firearm allegedly used in the incident has not been recovered.

Charges and timeline

Mogotsi faces charges of perjury, defeating the ends of justice, unlawful possession of a firearm and ammunition, and discharging a firearm in a public place. The charges relate to an incident in Vosloorus in November 2025 that the State says was staged.

Prosecutor’s case

State prosecutor Advocate Thami Mpekana told the court that Mogotsi had not cooperated fully with investigators and gave his statement only after a delay.

“He gives his statement through an attempt 10 days thereafter. This is the person who is fearing for his life,”

Mpekana said investigators had difficulty tracing Mogotsi because they were initially told he had died and that police were told he did not live at an address supplied through his legal team. The prosecutor said eyewitnesses saw the car stop and that Mogotsi “fired a few shots towards the car.” CCTV, the State said, showed Mogotsi’s vehicle was the only car in the area at the time.

Defence response

Mogotsi’s lawyer, Nthabiseng Mohamane, rejected the State’s claims about his residence and cooperation. She said Mogotsi provided documentation to verify his home, including an affidavit from his customary wife, contact details, WhatsApp communications, GPS pin locations and telephone records.

Mohamane challenged the State’s assertion that a lease submitted as proof of residence contained inconsistent dates, saying the lease began on July 1, 2024 and that a 2026 date was a typographical error. She also pointed to municipal documents and the presence of Mogotsi’s belongings at the property to support his residence there.

On the seriousness of the charges, Mohamane argued they did not justify denying bail and said the State had not classified the firearm as a semi-automatic weapon. She told the court Mogotsi ran a business that generated income and supported his family, and rejected claims he was a flight risk, citing his appearances before the Madlanga Commission and Parliament’s ad hoc committee.

Bail figure and reserved judgment

Mogotsi told the court he could afford bail of R10,000. The court reserved judgment and will give its ruling on whether he will be released on bail on Thursday.