Businessman and alleged political fixer Brown Mogotsi has argued that he is not a flight risk and should be released on bail, as his legal team continued its application before the Johannesburg Magistrate’s Court on Thursday.
Mogotsi, who was arrested on 15 May 2026, faces five charges linked to an alleged staged assassination attempt that reportedly took place on 3 November 2025 in Vosloorus.
The charges include defeating the ends of justice, possession of a firearm, possession of ammunition, discharging a firearm in public and perjury.
During proceedings, Mogotsi’s legal representatives, Advocate Nthabiseng Mohomane and attorney William Sekgatja, told the court that the businessman had substantial ties to South Africa and no intention of evading trial.
Mohomane argued that Mogotsi had family responsibilities, business interests and overseas operations requiring his direct supervision.
“Detention is causing pressure on his businesses,” Mohomane submitted.
The defence disputed claims by the investigating officer that Mogotsi did not have a fixed or verifiable address.
Mohomane told the court that Mogotsi resides at a property leased from his customary wife and that the address had been provided to investigators following his arrest.
Addressing concerns raised by the state regarding discrepancies in the lease agreement, Mohomane said the investigating officer incorrectly interpreted the document.
“The investigating officer says the lease was signed on 1 July 2026, which is not probable. This was signed on 1 July 2024. The year entered on the last page is a typographic error,” she argued.
She maintained that the property exists and that Mogotsi is a tenant residing at a fixed residential address.
The defence also addressed previous convictions disclosed during the bail application, arguing that Mogotsi may have omitted some offences unintentionally because he is not legally trained.
“The omission was not malicious,” Mohomane submitted.
On the seriousness of the charges, the defence argued that the offences do not carry sentences severe enough to motivate Mogotsi to flee.
“No one has ever gotten a lengthy term of imprisonment for defeating the ends of justice,” Mohomane argued, adding that the firearm-related charges did not involve a semi-automatic weapon and therefore did not attract prescribed minimum sentences.
The defence further told the court that Mogotsi had voluntarily handed over his passport to investigators and had consistently cooperated with authorities.
“He attended the Madlanga Commission whenever requested, except when he was sick. He also availed himself before the parliamentary committee,” Mohomane said.
Sekgatja argued that Mogotsi’s public profile and family ties made it unlikely that he would abscond.
“He is not a foreign national. We are dealing with someone who is South African and well known. He cannot just disappear,” Sekgatja told the court.
He added that Mogotsi has four children residing in South Africa and questioned why he would abandon his family to evade trial.
The defence also dismissed allegations that Mogotsi attempted to bribe the investigating officer, arguing that the claim was unsupported.
“At no stage was the applicant alone with the investigating officer,” Mohomane said, noting that the arrest took place in the presence of police officers and members of the media.
The state, however, continued to oppose bail.
Prosecutor Thami Mpekana told the court that the matter falls under a Schedule 5 offence, placing the burden on Mogotsi to prove that his release would be in the interests of justice.
Mpekana argued that the lease agreement relied upon by the defence “does not exist” and accused Mogotsi of avoiding police once he realised he had become a suspect rather than merely a witness.
“When the investigating officer called him to make a warning statement, he avoided him,” Mpekana said.
The prosecutor argued that Mogotsi could have verified the identity of the investigating officer at a police station if he was genuinely uncertain.
“He is a flight risk because he avoided the police when he realised he was in trouble,” Mpekana submitted.
The state also argued that Mogotsi failed to provide complete personal details after initially giving a statement about the Vosloorus incident.
Should the court decide to grant bail, the state requested that bail be set at R100 000 and that Mogotsi be required to report regularly to a police station and surrender his passport. Mogotsi has however stated that the can afford bail of R10 000
The state further maintained that the Johannesburg Magistrate’s Court has jurisdiction to hear the matter.
Judgment on the bail application has been reserved for 4 June 2026.
