The Gauteng Division of the High Court in Johannesburg has dismissed the North-West businessman Brown Mogotsi’s urgent bail appeal, ruling that he failed to present any genuinely new facts to justify his release from custody while awaiting trial.
The appeal follows two unsuccessful attempts to secure bail in the Johannesburg Magistrates’ Court. His initial bail application was refused, while a subsequent application based on what he claimed were new facts was also dismissed, prompting him to challenge the decision in the High Court.
He 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 State alleges witnesses saw Mogotsi exit his vehicle, fire shots at it, and later claim there had been an attempt on his life.
They further alleged that he attempted to bribe a police officer in connection with his bail application and provided investigators with an incorrect residential address.
He faces charges of perjury, defeating the ends of justice, unlawful possession of a firearm and ammunition, and discharging a firearm in a public place.
On Wednesday, the National Prosecuting Authority (NPA) spokesperson Magaboke Mohlatlole said the Senior State Advocate Thami Mpekana, argued that Mogotsi had failed to introduce any genuine new evidence that would justify a reconsideration of the magistrate’s decision.
“The State submitted that the issues raised had already been fully canvassed and determined during the previous bail proceedings and that the purported new evidence merely sought to reinforce arguments that had already been rejected by the court,” said Mohlatlole.
According to the State, Mogotsi fired 11 rounds at his own vehicle before falsely reporting to police that unknown gunmen had ambushed him while he was driving through Vosloorus.
Investigators recovered 11 spent cartridge casings at the scene. However, ballistic analysis and CCTV footage allegedly contradicted Mogotsi’s version of events.
The State contends the forensic evidence shows the vehicle was stationary when it was shot and that nobody was inside at the time. CCTV footage also allegedly showed no other vehicles in the area, undermining claims that attackers had followed and opened fire on him.
The investigation further uncovered that the missing 9mm firearm allegedly used in the incident is linked to separate murder and attempted murder cases. Prosecutors argued that this significantly strengthened their case, prompting the magistrate during the initial bail proceedings to describe the evidence as “overwhelming”.
