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Mogotsi denied bail for fourth time, court finds no new facts

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By Johnathan Paoli

Political fixer Brown Mogotsi has been denied bail for the fourth time, with the court finding that the latest addresses presented by his legal team did not amount to sufficient new facts to justify his release.

Political fixer Brown Mogotsi

In the Johannesburg Magistrate’s Court on Tuesday, Magistrate Annalise Tlhapi ruled that Mogotsi had failed to persuade the court that the interests of justice permitted his release, and found that concerns about his ability to provide a reliable address, together with an alleged escape plan, meant he remained a flight risk.

“The court has considered the evidence in the initial bail application together with both applications on new facts and I found that there are no new facts. I move the view that the applicant is attempting to remedy the shortcomings of his previous bail application due to his inconsistent addresses,” she said.

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“Therefore, it is not in the interest of justice that he be released on bail and my previous decision therefore stands. Bail is denied,” Thlapi added.

Mogotsi had brought the latest application on “new facts”, including a new residential address in Mahikeng and an alternative address in Johannesburg.

His wife, Dorothy Lekwaba, had secured the Mahikeng property after discovering that the person who had signed the previous lease was allegedly not the lawful owner.

The defence argued that the new lease and proof of payment established a legitimate residential address.

Mogotsi also proposed using a Johannesburg address belonging to a friend, saying that it would make it easier for him to consult his lawyers and prepare for trial.

Tlhapi said Mogotsi had never lived at the new Mahikeng address because he had been in custody, while the Johannesburg address was available to him during his initial bail application but was not disclosed.

“The court cannot accept that the addresses constitute new facts,” she ruled.

The court also considered allegations that Mogotsi had planned to escape from custody by disguising himself in a correctional services uniform.

The investigating officer, Lieutenant-Colonel Alfred Odendaal, previously told the court that information about the alleged plan had been received from Colonel Massena of Johannesburg Correctional Services.

Police were subsequently informed and Mogotsi appeared in court with his legs cuffed.

Mogotsi denied the allegation, saying he had not been told why he was handcuffed and arguing that the escape claim was fabricated.

He also accused Odendaal of having a personal agenda against him.

But Tlhapi rejected this argument, saying Mogotsi’s claim that the investigating officer was pursuing a personal vendetta was “far-fetched and unsupported by any evidence”.

She also rejected Mogotsi’s attempt to challenge the authenticity of statements by comparing handwriting, saying he was not an expert.

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The magistrate said the escape allegation could not simply be ignored.

“Though it has not materialised, it remains a possibility that must be taken into consideration,” she said.

Mogotsi has been in custody since his arrest in May.

He faces charges including unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, defeating or obstructing the administration of justice, and perjury.

The allegations stem from a November 2025 shooting in Vosloorus, when Mogotsi told police that he had been driving alone when occupants of a bakkie chased him and fired several shots at his vehicle. The State alleges that he staged the incident by firing 11 rounds at his own vehicle and then reported the fabricated attack to police.

Mogotsi has previously been denied bail by the Johannesburg Magistrates’ Court, while the South Gauteng High Court also upheld an earlier refusal.

The matter was postponed to 1 October for arrangements regarding a trial date.

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