‘Applicant cannot be trusted,’ says court as Brown Mogotsi denied bail for fourth time
· Citizen
Political fixer Oupa Brown Mogotsi will remain behind bars after the Johannesburg Magistrate’s Court rejected his fourth attempt to secure bail.
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Magistrate Annelise Tlhapi dismissed his latest application on new facts, finding that concerns surrounding his residential addresses and the alleged risk of him fleeing custody had not been adequately addressed.
The judgment was handed down on Tuesday, 22 September 2026.
Brown Mogotsi bail denial
Mogotsi’s first bail application was dismissed on 4 June after concerns were raised about his residential address.
He had provided three different addresses, including 4544 Mohatlhga Street in Mmabatho, North West, which he identified as his primary residence.
A second application based on “new facts” was rejected on 29 June after the magistrate found that no new evidence had been presented.
He subsequently approached the Gauteng High Court in Johannesburg in an attempt to obtain leave to appeal the earlier decisions, but that application was dismissed on 29 July.
Court scrutinises new addresses
A central issue in the latest bail application was Mogotsi’s proposed residential addresses.
Tlhapi indicated on Tuesday that Mogotsi had presented a new address at 3385 Unit 10 in Mmabatho after his wife moved to the rental property on 5 August.
“It was brought to his attention by his wife, Dorothy Lekhoaba, after the initial bail application that the person that signed the previous lease agreement was not the lawful owner of that property,” the magistrate said.
While the defence submitted a valid lease agreement and proof of payment to the court, Mogotsi also provided an alternative address based in Johannesburg.
Investigating officer Alfred Odendaal told the court that both the Mmabatho and Johannesburg addresses were rental properties.
He also raised concerns that Mogotsi had not previously disclosed the Johannesburg address, which the former police informant claimed he used while testifying at the Madlanga commission in Pretoria.
“The reason for providing the Johannesburg address was that it would assist him in facilitating consultations with his lawyer more easily, which is essential for the preparation of his trial,” Tlhapi remarked.
Alleged escape plan
The court also considered allegations that Mogotsi had been planning to escape from custody.
It was alleged that he intended to disguise himself as a correctional services official and flee from the court cells.
According to the information before the court, an official at the Johannesburg Correctional Centre, also known as Sun City Prison, alerted police to the alleged plan on the morning of 20 August.
Mogotsi denied the allegation.
He has also accused Odendaal of having a “personal agenda” against him and argued that the allegations about his alleged escape, as well as an earlier claim that he attempted to bribe the investigating officer, formed part of the reasons why the officer was opposing his release.
However, Tlhapi disagreed and contended that the court could not “ignore or overlook” information relating to a possible escape risk.
“The applicant’s allegation that the investigating officer bears a personal vendetta against him and routinely makes false allegations is farfetched and unsupported by any evidence,” the magistrate added.
‘Applicant cannot be trusted’
Tlhapi further noted that Mogotsi had never personally lived at the latest Mmabatho address because he remained in custody while his wife moved into the property.
“There is nothing tying or binding him to the said address.”
She agreed with the state that Mogotsi had failed to disclose the Johannesburg address to the court.
This undermined his reliability when providing information about where he would reside if released.
“The court found that the applicant cannot be trusted and he failed from the beginning to be a trustworthy applicant who can provide a reliable and provable residential address.
Mogotsi will remain in custody after his fourth bail application was dismissed.
The case was subsequently postponed to 1 October for the arrangement of a trial date.
Charges
Mogotsi stands accused of staging his own attempted assassination on 3 November 2025, a claim he has repeatedly denied.
The state alleges Mogotsi was the one who opened fire on his Chevrolet Aveo in Vosloorus, east of Johannesburg, before telling authorities that he had come under attack from unidentified gunmen.
He was subsequently arrested on 15 May and charged with defeating the ends of justice, perjury, unlawful possession of a firearm and ammunition, as well as discharging a firearm in a public or municipal area.