BROWN MOGOTSI FACES BRIBERY ALLEGATIONS | PROSECUTOR PRESENTS DETECTIVE’S SWORN STATEMENT

Añadido: 2026-05-25

[00:00:00]Today is uh the 25th day of May 2026 uh is and for the state is Mr. and the interpreter is Miss Palani and for the defense is Mr. The Matter has been set down today for purposes of And the state is already >> Mr. Sp are you ready to proceed?

[00:00:48]>> Good morning.

[00:00:49]>> Morning. I can confirm that we are ready to proceed.

[00:00:56]>> Thank you. But the defense is going to proceed by way of an affidavit which has been prepared h on behalf of the applicant in this matter. Uh with the leave of the court, may I proceed to reign into the record in the regional court for the regional division of housing held at Disp in the matter between Opa Brown the applicant and the state respondent affidavit in support of schedule 5 application in terms of the provisions of section of act 51 of 1977.

[00:01:31]I the under signi the ID number uh I will omit the ID number for privacy purposes.

[00:01:40]>> Fine.

[00:01:41]>> Thank you. Uh do hereby declare and state under oath as follows. After after following has been explained to me. This is a schedule 5 bail application and the arrest a bon of proof on me to prove to the court that my release on bail is in the interest of justice. My failure to do so will lead to the refusal of bail.

[00:02:01]I the right not to incriminate myself and anything I submit in the application h for bail may be used against me in the trial of this matter. I chose to apply for bail by way of submitting this affidavit at this stage and not verbally testifying. The rest a duty on me to reveal all my previous convictions and pending matters to the court and my failure to do so will constitute a criminal offense. I confirm that I am the applicant and accused in this matter.

[00:02:33]I'm an adult male person aged 47 h with the following personal particulars. I'm a South African citizen with a valid South African document which is verified uh which if verified will confirm my permanent residency in the country. I was born on the 22nd of uh August 1979 in Mafik in northwest province of South Africa you worship he attaches his passport which will be marked as OPM1.

[00:03:04]I'm I'm the son of Freda and the late Yab Mosi who gave birth to me in the northwest province. I'm married to Dorothy Mosi in terms of customary law and the marriage was sub has sub subsisted for 7 years. He attaches his copy of the ID of Dorothy Makosi as well as an affidavit relating to the residence of Dorothy Mos. H my wife and I reside at number uh your worship. I will also omit the address uh for privacy purposes. That's >> right.

[00:03:43]>> But it is part of the affidavit. Uh he attaches a copy of the proof of residence which will be OBM4. I'm a father of four children ages respectively 21, 19, 16 and 4 years old. I do not have relatives and assets outside the republic uh the borders of the republic of South Africa. I submit that I am not a flight risk with strong family ties in the Republic of South Africa. My my highest education standard is grade 11 formally standard 9 and I attended same through Dolin College. I am self-employed owning businesses in the northwest province including a mult a mini multi complex with nine tenants and a local restaurant with 13 staff members. My estimated monthly income is 32,000 uh with the restaurant turnover of approximately 110,000.

[00:04:42]The turn the turnover in respect of the restaurant has since been adversely affected after a raid by members of the South African police services who came in in or around October 2025 to raid the place. H business since then has been very slow. My wife works in the family business and my family is financially dependent on me and her uh for support through the company uh that is owned by the family known as hotel specialist PTY Ltd. I do not own assets outside the the borders of the Republic of South Africa.

[00:05:17]I submit that I'm not a flight release.

[00:05:20]I do not possess I do possess a valid passport which I am prepared upon my release to hand over to the investigating officer in this matter.

[00:05:30]The previous convictions and opinion cases. I have three previous convictions all of which are from the year 2012 which are as follows.

[00:05:40]In 2012, I pleaded guilty to two counts of assault with the intent to do grievous bodily harm and was sentenced to two years direct imprisonment. I also pleaded guilty to one count of reckless and negligent driving and sentenced to 2 years imprisonment. I was released on the 14th of October 2015 on parole.

[00:06:03]Since my release on parole, I have never been convicted of a similar offense while on parole. I have no pending cases against me. I submit that my prior convictions are dated, rehabilitative, and do not render me a present danger to to the society. Denial of the allegations. On the 3rd of November, I was driving in for Lauras and a buggy followed me. The car was the the car that was following me made a U-turn and I and was and I was shot at once. I feared uh for my life and immediately allighted from the vehicle and fled. I later returned to the scene where I found members of the community and the police later arrived. I opened a case of attempted murder as I was a victim of attempted murder and not the aggressor.

[00:06:49]I therefore deny the allegations that I staged an assassination attempt and put the state to the to the proof of such allegations. Such an allegation is unfounded, speculative and inconsistent with the facts of what transpired. I further submit that on the date of the incident, I was not found in possession of a firearm or ammunition, nor did I fire shots in a buildup area. I further deny the allegations that I obstructed justice. On on the contrary, I have all all times cooperated with lawful processes, attended the Madanga Commission when subpoenaed. The sequence of events demonstrates that I was the target of an unlawful aggression, nor the perpetrator of violence. My decision to open a case of attempted murder is consistent with the conduct of a law-abiding citizen who seeks justice through proper channels, not someone attempting to to obstruct justice. The allegations that I staged an assassination attempt is contradicted by my proactive reliance on the criminal justice system. If I had intended to obstruct justice or mislead the authorities, I would not have voluntarily laid a charge against unknown asalants. current charges. I am currently charged with defeating the ends of justice, possession of a firearm, possession of ammunition, discharging of a firearm in a in the public area. The legal principles I'm advised that in terms of section 60 subsection 11B of the criminal procedure act 51 of 1977, the court shall order my release on bail if I satisfy the court that that that the interest of justice permit my release. H I respectfully submit that the interest of justice favors my release on the basis of my personal circumstances submitted herein.

[00:08:32]In s versus kamini the criminal court confirmed that bay proceedings involve a balancing exercise between liberty interest uh of the accused person and the interest of justice and further advised that the presumption of innocence remains applicable until proven guilty by a contempt court by a competent court in S S versus Blanco.

[00:08:52]It's a 2001 one South African criminal law report 8 531. A court held that detention before trial should not amount to anticipatory punishment. The interest of justice uh section 60 subsection 4 A to 60 subsection uh 4E.

[00:09:15]Your worship will not read the actual provisions into the record. uh they are provided for in those particular uh sections that I've indicated in the criminal procedure.

[00:09:26]Uh section 60 subsection 4A I submit that my release on bay will not endanger the safety of the public or any particular person. I'm not a violent I'm not a violent individual and there is no evidence before this honorable court suggesting that I pose a danger to to society. I undertake not to commit any offense whilst on bail in this matter.

[00:09:49]Section section 60 subsection 4B. I am not a flight risk. I have a fixed residential ties within the within the jurisdiction of the court. I my family employment ties and personal commitments are all situated within Northwest. I undertake to attend court every occasion until this matter is finalized. I am fully aware that failure to attend court may result in a warrant being issued for my arrest and the forfeure of bail monies.

[00:10:20]I can I can be easily traced should I attempt to flee upon my release on bail.

[00:10:26]I will hand my passport to the authorities upon my release on bail. I can favor report to the mother to police station once a week as a condition of my release on bail. Section 60 subsection 4C. I will not interfere with state witnesses or attempt to temper with evidence. H I undertake to comply fully with any bail conditions imposed by this honorable court. I further undertake not to contact any state witnesses directly or indirectly. The state witnesses are unknown to me and if any witnesses exist, I do not know their names or addresses. Uh section 60 subsection 4D.

[00:11:04]My release will not undermine or jeopardize the criminal justice system.

[00:11:08]I cooperated fully with the police during my arrest. I finished the investigating officer with my correct residential address. Section six is subsection 4E. My release will not disturb public order or undermine public peace or security. There are no exceptional uh public consideration justifying my continued detention.

[00:11:30]Circumstances of of of arrest. I was arrested on the strength of a J50 outside the Madanga Commission after giving testimony. I did not resist arrest and cooperated fully with the authorities. Prior to my arrest, I received a call around March 26, 2026 from a person purported to be the investigating officer. At that stage, I had I had not met him personally. I will admit that I had my skepticism that the person calling me was a police officer.

[00:12:02]When the person came uh to my business address, I was not present h waited but as I was traveling from Northam to Rustenburg. I returned late and they had already left.

[00:12:17]I later arranged to meet h but the meeting never materialized. After that after that visit they never returned to look for me. This fact demonstrates that I was not evading arrest or obstructing justice. I've been shown a J50 that was issued on the 20th of April 2026 and despite this on the 29th of April I was not arrested in respect of this matter when I appeared at the Madlanga Commission on the set date. A J50 warrant and investigation. I a J warrant of arrest was issued against me on the 17th of April 2026 and signed on the 20th of April 2026. It is tried law when a J50 warrant is applied for the investigations must have been complete or substantially complete as the warrant presupposes sufficient evidence to justify prosecution. The case against me should at this date be trial ready and any inclination to remind the matter for investigation will be unjustified. This is inconsistent. H This inconsistency undermines the credibility of the state case and supports my contention that I am being detained prematurely and justly and unjustly. The postponement and oversight. It has it has now been almost a month since the warrant was issued and the state has has had ample time to prepare its case for bail application.

[00:13:40]If the case if the state requested postponement, it must advance valid reasons that justify such a request. The mere fact that the criminal just the criminal procedure act provides for remand does not mean that the state is entitled to indefinite postponements.

[00:13:54]The court is empowered to hold an inquiry at the first appearance of the accus of the accused to ascertain whether state has placed sufficient reasons for the for the remark bail proposal and conditions. I respectfully submit that bail in the amount of 10,000 rents will be suitable to secure my attendance at court. This figure is not prescribed by the statute. uh but it is reasonable proposal based on my financial circumstances and willingness to comply with uh with conditions. I'm prepared to report to the nearest police station on a weekly basis if required uh to demonstrate my commitment to to attending trial complying uh with uh bail conditions. My health is perfect and I'm fit to stand trial. I submit that my continued incarceration is not justified, nor is there any risk that I will fail to attend courts due to health issues. I fellow submit that my family is financially dependent on me for their daily maintenance and support and my continued incarceration causes severe hardship on them. I respectfully submit that I have discharged the honors resting upon me in terms of section 60 subsection 11B of the criminal procedure act. I I accordingly pray uh to the honorable court to be released on bail pending the finalization of this matter. I I hereby reserve the right to supplement my affidavit either orally or by way of a supplementary affidavit should the need arise.

[00:15:28]The the affidavit has been dated and signed today the 25th of May 2026.

[00:15:34]The affidavit has probably been commissioned. We are just going further in relation to the bail application and the attachment OBM1 it's a a passport of the applicant in this matter. OBM2 is the uncertified ID copy of the wife of the accused person in this matter. And then OBM3 it's the affidavit confirming uh the address of the of the wife as well as the applicant in this matter with the full details of the wife as well as the ID numbers and telephone numbers of the wife and uh that particular epid it reads as follows which is OBM3 I the wife of mi I am the mother of three Lisa and Ni whom we are staying with in unit 3 together with Brown. I'm self-employed. I always uh helping out helping helping at our businesses. My children are attending schools at uh first born withana high school, second born uh Victoria Primary School, third born Shalom uh Titabis and then that particular Vidavit was actually deposed on the 17th of May 2026 and there's also an attachment which is from Barong Bura TD traditional council which is a proof of residence and this particular proof of residence it indicates the full names of the applicant in this matter which is Braos. It indicates the identity number of the applicant in this matter and it also indicates the address as uh ma uh 2735 unit3 stand number it's 4454 and then there is a signature and uh this particular proof of residence is dated uh it was actually done by the admin admin officer from Barong Vulong Bat and it was dated the 24th of April 2026.

[00:17:50]Uh there is a stamp an official stamp from that particular uh traditional concept in relation to this particular attachment which is OBM4 Hashifa as we have indicated in our founding aid. Uh this is this will be the affidavit on behalf of the applicant in this matter. May I perhaps approach the applicant to find out if there will be any need for this particular epidemic to be interpreted back to him?

[00:18:19]>> It's fine.

[00:18:21]>> Thank you.

[00:18:38]Thank you worship. Your worship. I've taken instructions and the applicant indicates that there is no need for this particular pediat to be interpreted back to you and may I submit as an exhibit on behalf of the applicant in respect of the base copyrightit confirm your previous conviction has been read by your lawyer.

[00:19:15]>> Confirm that you don't have any other cases pending against you.

[00:19:23]>> And you have signed this affidavit.

[00:19:28]You confirm the attach an I'm not going to repeat them as your lawyer already put them on record.

[00:19:41]And the court also want to warn you that whatever evidence that you have let even through this affidavit it may be used against you at the subsequent trial. Do you understand?

[00:19:57]>> Mark this exhibit A.