Brown Mogotsi remains behind bars after 4th bail bid fails

by Chumasande Matiwane

North West businessman Brown Mogotsi has been denied bail for the fourth time by the Johannesburg Magistrate’s Court. 

Also see: Brown Mogotsi to appear in court as State alleges escape plan

The ruling was handed down early today, 22 September 2026, after Mogotsi brought another application based on what his legal team described as new facts. The court rejected the application, meaning he will remain in custody.  

Court raises concerns over addresses

A key issue in the latest bail proceedings was Mogotsi’s residential address. The court found that he had provided several different addresses during his previous bail applications, with concerns remaining about the accuracy and verification of some of them.  

The State has also argued that Mogotsi could be a flight risk if released. These concerns were among the factors considered by the court when deciding whether the alleged new facts justified his release.  

Brown Mogotsi faces 5 charges

According to Mail & Guardian, Mogotsi is facing five charges arising from an alleged shooting incident in Vosloorus in November 2025. They include unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, defeating or obstructing the administration of justice and perjury.  

According to the National Prosecuting Authority (NPA), Mogotsi allegedly reported to police that he had been driving in Vosloorus when occupants of another vehicle pursued him and fired shots at his vehicle. Prosecutors allege that the incident was staged and that Mogotsi himself fired at his vehicle.

These remain allegations before the court.  

Also see: Brown Mogotsi set to testify at Madlanga Commission

State previously raised alleged escape plan

The State also previously presented allegations that Mogotsi had considered escaping from custody, including an allegation that he planned to disguise himself as a correctional services official. The prosecution argued that this strengthened its concerns about him being a potential flight risk. Mogotsi’s defence has challenged the State’s allegations.  

His defence has also disputed the State’s interpretation of CCTV footage allegedly linked to the shooting. During earlier proceedings, Mogotsi denied that he appeared in the footage.  

Previous bail attempts unsuccessful

Mogotsi’s first bail application was rejected in June. A second application was also dismissed after the magistrate found that the defence had not presented genuinely new facts. His subsequent appeal to the Gauteng High Court was unsuccessful.  

The NPA confirmed ahead of Tuesday’s ruling that it had completed its cross-examination in the latest application and was awaiting the court’s decision.  

Mogotsi will therefore remain in custody as the criminal proceedings relating to the Vosloorus shooting allegations continue.  

Also see: Brown Mogotsi retracts CIA claims against King Misuzulu and Mkhwanazi

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