Prosecutors have urged the Johannesburg Magistrate's Court to deny bail to Brown Mogotsi, alleging he staged an assassination attempt, misled investigators and attempted to interfere with the administration of justice.
Image: Oupa Mokoena / Independent Newspapers
Brown Mogotsi's bid for freedom now rests with the Johannesburg Magistrate's Court after prosecutors painted a picture of a businessman who allegedly staged his own assassination attempt, misled investigators and attempted to interfere with the police investigation.
The North West businessman is seeking bail on charges including perjury, defeating the ends of justice, unlawful possession of a firearm and ammunition, and discharging a firearm in a public place.
The charges stem from allegations that Mogotsi orchestrated a fake assassination attempt in Vosloorus in November 2025.
After hearing arguments from both the State and defence, the court reserved judgment until Thursday, when it will decide whether Mogotsi will be released on bail.
The State has opposed the application, arguing that Mogotsi should remain in custody.
Prosecutors allege witnesses saw Mogotsi exit his vehicle, fire shots at it and later claim there had been an attempt on his life.
The State further alleged that Mogotsi attempted to bribe a police officer in connection with his bail application and provided investigators with an incorrect residential address.
State prosecutor Advocate Thami Mpekana argued that Mogotsi should be denied bail because he failed to cooperate fully with investigators.
"He gives his statement through an attorney 10 days thereafter. This is the person who is fearing for his life," Mpekana told the court.
Mpekana said Mogotsi failed to provide his personal details in his statement, making it difficult for investigators to contact him about developments in the case.
"It is at that time when he was contacted by the police that he was aware that the police have now established that he is no longer a witness," he said.
The prosecutor also told the court there were eyewitnesses to the incident.
"The submission of the State is that there are eyewitnesses who saw the car stop and [Mogotsi] fired a few shots towards the car," he said.
However, the firearm allegedly used in the incident has not been recovered.
"At the time, the person was lying on the ground. He was alone in the car, there were no passengers. CCTV also indicated that there wasn't any other car that had tailed the applicant."
Mpekana said Mogotsi's vehicle was the only car seen in the area at the time.
He added that police initially struggled to trace Mogotsi because investigators were informed that he had died.
"The investigating officer had gone to Mmabatho and also to his place of business and was told that he was dead," he said.
Mpekana further argued that Mogotsi misled investigators and frustrated attempts to verify his address.
According to the State, police visited an address in Mmabatho supplied through Mogotsi's legal team but were told he did not live there.
Prosecutors also alleged investigators struggled to contact Mogotsi before his appearance at the Madlanga Commission and claimed he had previously provided false address details during a 2007 investigation.
Mogotsi's lawyer, Nthabiseng Mohamane, rejected the State's claims, arguing that her client had provided sufficient documentation to verify his residence.
She said Mogotsi submitted an affidavit from his customary wife confirming his residence, along with contact details, WhatsApp communications, GPS pin locations and telephone records.
"Despite the above, the investigating officer persisted in alleging that the applicant cannot be traced or verified," she said.
Mohamane also challenged the State's claims regarding discrepancies in a lease agreement submitted as proof of residence.
Referring to the document, she said the lease commenced on July 1, 2024, and expires on July 1, 2027.
She argued that the investigating officer had incorrectly stated that the lease was signed on July 1, 2026.
"If the court goes to the first page of that document, the lease was signed on July 1, 2024," she said, adding that the 2026 date appearing on the final page was merely a typographical error.
She said the landlord named in the lease agreement, Albert Moisakgosi, was the same individual identified by Mogotsi in his court papers.
Mohamane also referred to municipal documents that allegedly showed the property belonged to the municipality rather than the traditional council, arguing that this did not invalidate Mogotsi's residence there.
"The investigating officer says that I found minimal items that belong to the applicant. The issue here is not whether they are more in quantity. The fact of the matter is they are there," she said.
Mohamane argued that the presence of Mogotsi's belongings at the property confirmed he lived there.
She said a letter from the traditional council merely acknowledged that Mogotsi resided in the area and was not intended as proof of ownership.
"If the applicant was not residing there and the owner, according to the municipality, did not know that the applicant was there, he would have been out of the place," she said.
Mohamane further argued that the charges were not serious enough to justify denying bail.
"My submission is that on defeating the ends of justice, nobody has ever gotten a lengthy term of imprisonment," she said.
She also argued that the State had not classified the firearm in question as a semi-automatic weapon, meaning minimum sentencing provisions would not apply.
Mohamane said Mogotsi owned a business that generated income and supported his family financially.
Rejecting claims that he was a flight risk, she said he had complied with requests to appear before the Madlanga Commission and Parliament's ad hoc committee.
"When he was called to the Madlanga Commission, he appeared as he was requested on all occasions," she said.
Mogotsi told the court he could afford bail of R10,000.
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