Brown Mogotsi to Launch Third Bail Bid After High Court Setback

Oupa Brown Mogotsi
Oupa Brown Mogotsi is set to make a third attempt to secure his freedom after the Johannesburg Magistrates’ Court postponed his case to 25 August to allow his legal team to launch another bail application based on alleged new facts. Photo: NPA

Alleged political fixer Oupa Brown Mogotsi is set to make a third attempt to secure his freedom after the Johannesburg Magistrates’ Court postponed his case to 25 August to allow his legal team to launch another bail application based on alleged new facts.

Mogotsi, 45, remains in custody after the Gauteng High Court in Johannesburg dismissed his appeal against the refusal of bail on 29 July.

The National Prosecuting Authority (NPA) said on Thursday that the postponement was requested by the defence following the High Court setback.

The State will oppose the fresh application.

Mogotsi faces five charges arising from an alleged staged shooting in Vosloorus on 3 November 2025. They include unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, defeating or obstructing the administration of justice and perjury.

The State alleges that Mogotsi falsely reported to police that he had been attacked while driving alone in Vosloorus.

According to the allegations, occupants of a bakkie pursued Mogotsi and fired several shots at his vehicle, forcing him to stop and flee on foot.

Prosecutors contend that the shooting was deliberately staged to create the impression that Mogotsi had been the target of an assassination attempt.

The case has attracted considerable attention because Mogotsi was arrested shortly after appearing before the Madlanga Commission, where he had given evidence about alleged criminality and political and police networks.

His first bail application was dismissed by the Johannesburg Magistrates’ Court on 4 June.

The court raised concerns about the residential address provided by Mogotsi, finding that he had failed to establish a verifiable fixed address. The State had also argued that he had not co-operated with investigators, had allegedly evaded law enforcement and had provided contradictory addresses.

Mogotsi returned to court later in June with a second bail application, this time relying on what his lawyers described as new facts.

That application was also dismissed on 29 June after the magistrate found that the information presented did not amount to new evidence warranting a reconsideration of the earlier decision.

His legal team subsequently approached the High Court.

On 29 July, Judge Nelisa Mali dismissed the appeal, finding that the material relied upon by Mogotsi did not constitute genuinely new facts. The court found that the evidence largely sought to reinforce matters already considered during the earlier bail proceedings.

The High Court also upheld concerns surrounding Mogotsi’s residential address.

The NPA welcomed the ruling, saying it reaffirmed the importance of protecting the integrity of criminal proceedings.

Mogotsi’s latest bid means the courts will now be asked, for a third time, to reconsider whether he should be released while awaiting trial.

The State is expected to argue against his release and will present its reasons when the matter returns to court on 25 August.

For now, however, the alleged political fixer remains behind bars as he prepares for another legal battle over his freedom.

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