The criminal prosecution of alleged political fixer Brown Mogotsi has been delayed after the Johannesburg Magistrate’s Court ruled that prosecutors must first hand over the complete investigation docket to the defence, including all outstanding witness statements.
Mogotsi made another court appearance on Monday for a pre-trial conference, following last week’s dismissal by the Johannesburg High Court of his application challenging the refusal of bail.
Prosecutors advised the court that the state had completed its preparations and was ready for the trial to commence.
The defence strongly disagreed, arguing that the late disclosure of important witness statements had prevented them from properly consulting with Mogotsi and preparing their defence.
Counsel for Mogotsi said several of the statements were only delivered to the defence shortly before Monday’s proceedings began.
The defence also complained that many of the documents had been censored, with the identities of people referred to in the statements removed, making it impossible to properly assess the evidence.
Advocate Thami Mpekana, appearing for the state, opposed the defence application and argued that revealing the identities and residential details of witnesses would compromise the administration of justice.
He submitted that witness security became a serious concern during Mogotsi’s previous bail proceedings after information identifying certain witnesses entered the public domain.
Mpekana alleged that, after those details emerged, Mogotsi’s wife visited one of the witnesses.
He said the prosecution had therefore decided to withhold the identities of witnesses to minimise the risk of any further interference or intimidation.
The defence argued that access to the names and addresses of witnesses was essential to ensure Mogotsi received a fair trial and asked the court to compel the state to disclose the information.
The magistrate declined the request, finding that the state’s concerns about protecting witnesses outweighed the defence’s application at this stage of the proceedings.
The case was postponed to 20 August 2026, with the court ordering the prosecution to provide the defence with the complete police docket together with any witness statements that remain outstanding.
Mogotsi is accused of unlawfully possessing a firearm and ammunition, committing perjury, and defeating the ends of justice in relation to an alleged staged assassination attempt in Vosloorus.
