The Johannesburg High Court has dismissed businessman Oupa Brown Mogotsi’s appeal against the refusal of bail, with the National Prosecuting Authority (NPA) saying the ruling means he will remain in custody pending the finalisation of his criminal case.
According to NPA South Gauteng spokesperson Magaboke Mohlatlole, Mogotsi is facing five charges linked to an incident that allegedly took place on 3 November 2025. The charges include unlawful possession of a firearm, unlawful possession of ammunition, unlawfully discharging a firearm in a built-up area or public place, defeating or obstructing the administration of justice, and perjury.
Mohlatlole said Mogotsi’s initial bail application was dismissed by the Johannesburg Magistrates’ Court. A second application, brought on the basis of alleged new facts, was also rejected, prompting him to appeal to the high court.
He said the NPA successfully opposed the appeal, arguing that Mogotsi had failed to present any genuine new facts that justified reconsideration of bail.
Senior State Advocate Thami Mpekana argued 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.
Mohlatlole said the high court found that Mogotsi had failed to place genuinely new facts before it.
He said the court ruled that the evidence relied upon merely sought to reinforce issues that had already been considered and rejected during the initial bail proceedings.
The court also found that Mogotsi had failed to establish a verifiable residential address, a factor central to determining whether the interests of justice permit an accused person’s release on bail.
According to Mohlatlole, the court concluded that no material misdirection had been demonstrated in the lower court’s decision and found no basis to interfere with the magistrate’s exercise of discretion.
The appeal was accordingly dismissed, and Mogotsi remains in custody pending the finalisation of his criminal case.
Mohlatlole said the NPA welcomed the judgment, saying it reaffirmed the importance of protecting the integrity of the criminal justice system and ensuring that judicial processes are not undermined or abused.
