Brown Mogotsi to make fourth bail bid at Johannesburg Magistrate’s Court on August 25

Controversial North West businessman Brown Mogotsi will return to the Johannesburg Magistrate’s Court on August 25 to make a fourth application for bail in a case arising from an alleged staged assassination attempt in Vosloorus last year.

Previous applications rejected

Mogotsi has had three earlier bail applications dismissed by the courts. The Johannesburg Magistrate’s Court previously refused to compel prosecutors to disclose the identities and addresses of state witnesses, ruling their details should remain confidential because of safety concerns. The matter was postponed to allow the state to hand the remaining investigation docket to the defence before proceedings continue.

Charges and state case

Mogotsi faces multiple Schedule 5 charges, including perjury, defeating the ends of justice, unlawful possession of a firearm and ammunition, discharging a firearm in a public place and an allegation of attempting to bribe the investigating officer.

The state alleges Mogotsi fired 11 rounds at his own vehicle before reporting to police that unknown gunmen had ambushed him while he was driving through Vosloorus. Investigators recovered 11 spent cartridge casings at the scene.

According to the state, ballistic analysis and CCTV footage allegedly contradicted Mogotsi’s account: forensic evidence reportedly shows the vehicle was stationary when it was shot and that no one was inside, while CCTV footage allegedly showed no other vehicles in the area.

Allegations of staging and witness safety

Prosecutors further allege that witnesses saw Mogotsi leave his vehicle, fire shots at it and later report an attempt on his life. The state also alleges Mogotsi attempted to bribe a police officer in connection with his bail application and provided investigators with an incorrect residential address.

State prosecutor Thami Mpekana told the court that one witness had previously been approached by people allegedly linked to Mogotsi after personal details were disclosed during earlier bail proceedings. The state argued that revealing witness identities could compromise their safety.

Defence and next steps

Mogotsi made a brief appearance at the Johannesburg Magistrate’s Court on Thursday. His lawyers say the latest bail application, scheduled for August 25, will be based on what they describe as new facts in the case.

“We have agreed that the matter be postponed to August 25, for purposes of the bail application on new facts,”

Mogotsi’s lawyer, Makau William Sekgatja, said the defence had received all the required documents from the state. The court has previously described an earlier defence attempt to rely on additional material as merely a

“reshuffled”

presentation of previous evidence.

Investigative links to other crimes

The case has drawn further attention after investigators alleged ballistic evidence links the firearm used in the incident to other serious crimes, including murder and attempted murder. The firearm has not been recovered.

The Johannesburg Magistrate’s Court dismissed Mogotsi’s second bail application on June 4. On June 29 the defence brought another application based on what it said were new facts; the court rejected it for not clarifying his permanent residence. Mogotsi then approached the Johannesburg High Court, which on July 30 dismissed his urgent bail appeal, leaving him in custody. The matter is next before the Johannesburg Magistrate’s Court on Tuesday, August 25.