North West businessman Brown Mogotsi’s bail application has been set down for 25 May in the Johannesburg Magistrate’s Court after he appeared in the dock on Monday on charges of defeating the ends of justice.
Mogotsi was arrested on Friday over allegations that he staged an assassination attempt against himself in Vosloorus, Gauteng, in November last year.
During his first appearance before the Madlanga commission in November, Mogotsi said someone had tried to kill him. It was later alleged that the attempt had been staged.
Before his arrest on Friday, Mogotsi lost his bid to recuse evidence leader Matthew Chaskalson.
Mogotsi has accused Chaskalson of bias after he allegedly promised to protect Mogotsi in exchange for incriminating evidence against North West businessman and ANC backer Suleiman Carrim. The commission has rejected Mogotsi’s claims.
In the Johannesburg Magistrate’s court today, state prosecutor Thami Mpekana requested a seven-day remand to allow for address verification.
“The state has been given the address; however, the address is not a complete address,” Mpekana said.
Mogotsi was represented by advocate Makau Sekgatja, who argued that seven days was excessive and asked for a postponement until Thursday instead.
“I can confirm that this morning we provided the state with a complete address,” Sekgatja said.
He said that for confidentiality reasons, he would not disclose the address but confirmed that Mogotsi lived in Mmabatho in the North West.
“On behalf of the accused, we request a period of less than seven days for address verification,” he said. “The state has not indicated its attitude in relation to bail. To postpone for seven days merely for address verification, only for the state to request another postponement for a bail application on that date, would be unreasonable.”
Mpekana said the address was outside Gauteng and police would need to deal with “certain logistics”.
He said he had consulted the investigating officer and had the address been supplied earlier, there would not have been a problem.
“Regarding the issue of bail, it is unfortunate that the state is unable to inform the honourable court on the status of bail,” the prosecutor said.
He said the state’s position would depend on the address verification. Mogotsi faced Schedule 5 charges and while the state would not oppose bail, the decision ultimately rested with the court.
The prosecutor said rescheduling the case for Thursday would not allow enough time to verify the address and maintained that seven days was appropriate.
Sekgatja conceded that although Mogotsi had been arrested on Friday, the address was provided on Monday. He urged the court to consider the effect prolonged detention would have on his client.
Sekgatja also told the court that the investigating officer had visited Mogotsi’s business premises in March, which he said was close to his residential address.
The prosecutor acknowledged that police had visited Mogotsi’s business address but said the late submission of the residential address meant verification would take longer.
“It is not the fault of the state that the state did not go out there to verify the address,” the prosecutor added.
The magistrate said the state’s request and the defence’s admission had been considered and “after considering these arguments, I am of the view that the state is entitled to the postponement to verify the accused’s address”.
North West businessman Brown Mogotsi will apply for bail on 25 May in the Johannesburg Magistrate’s Court after being arrested on charges of defeating the ends of justice over an alleged staged assassination attempt in Vosloorus
