In South African court proceedings, bail applications are subject to rigorous credibility assessments, where accused individuals must fully disclose all previous convictions and provide accurate personal information; failure to do so can result in bail opposition from the state, as demonstrated in the Brown Mogotsi case where his failure to disclose six previous convictions (instead of three) and providing an incorrect address led the state to argue he was a flight risk, despite his legal team's explanation that he was unaware of the disclosure requirements for convictions resulting only in fines.
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Court reserves judgment in Brown Mogotsi bail bidAdded:
In the meantime, judgment has been reserved in the bail application against alleged political fixer Brown Mahzi.
Mhorti appeared in the Johannesburg magistrate's court today. He is accused of staging his own assassination attempt. This was in November last year, just days before he was set to appear before the Malanga Commission. News Africa's Junior Kumalo on this story for us and he joins us in studio tonight.
Junior, good evening to you. So much like the conversation I've just uh had with Nasipe on a different court matter about previous convictions. This was also part of the court hearing in the Brown Modi matter. Uh not disclosing to the court that he has previous convictions. How many? because I looked at his lawyers and as they were dealing with this matter they kept looking at each other almost correcting to say is it four is it five if it's six >> absolutely [laughter] uh there was uh some confusion there in terms of uh the convictions that uh Brown Morty has had in the past uh so when his lawyers were detailing some of these convictions on Monday during that uh bail application when it started they indicated that he had three previous convictions uh that includes uh uh uh uh assault uh with the intent to cause grievous bodily harm as that that's two of those charges I think and one of them was reckless and negligent uh driving as well. uh so quite serious allegations but today it also appeared when the state itself was appearing before uh the court they indicated that actually it wasn't three convictions it's six convictions and Mahorti himself had actually paid a fine in the other three so he according to his lawyers because he's a layman did not know that he was supposed to also disclose those three uh convictions that he also faces so that was the excuse that we got from his legal representatives but the state saying this is exactly why he should not be receiving bail because he he wasn't entirely honest with the court. This is the same allegation that has arisen when it comes to the address that he provided to the court. Uh he seemingly made a mistake in the number of the home address. So when the investigating officer went to the northwest, he found a woman in that particular address. This individual said they do not know Mr. Brown Mahorti. Uh this led then to the investigating officer coming back and then asking Mr. Mahorti to send him a pin of the particular address. That's when he was able to then locate Mr. Mahort's wife at that particular address. Uh but also there were issues around uh Mr. Mahort's own property and belongings not uh in not being in this particular premises, the second premises that the investigating officer went to.
But uh that infamous blazer that he wore when he appeared before the Madaga Commission was actually found in that particular premises. So the legal team then said that because it was there, it proves that Mr. Browni lives in that particular premises. But this was an a bone of contention because the state was saying you've already lied about the convictions. Now you've already misled us about the address as well. So there is no reason why we should be giving you actually bail because you are likely to be a flight risk. Uh but his legal team saying that he has appeared before the ad hoc committee. He has appeared before the Madlanga commission. So when he is mandated to appear before any legal process, he presents himself there. But as you may know, even when it comes to the Madlanga Commission, there was a point where Mr. Mahoti claimed to not be feeling well. This led to a very uh angry exchange between his legal representatives as well as the commissioners who say that a lot of individuals are claiming that they are now sick and don't want to appear before the commission. So quite a lot of challenges when it comes to the convictions as well as the address. But let's take a listen to what the um the state prosecutor had to say about these convictions by Mort.
>> Now your worship, there was also an issue with regards to previous convictions.
The applicant [snorts] made mention of two he made mention of three previous convictions.
And the state made mention of five previous convictions.
Six.
The submission is that the three that were mentioned by the state that the applicant didn't mention, he gave a plausible explanation to the court and he informed the court that all of them a fine was imposed and he did not serve any direct imprisonment.
Hence on his limited understanding that did not make a previous conviction Sure.
The problems for a Brown Modi, they they are mounting. Talking about a mountain to climb, how much is he able to afford in terms of bail and how much is the state trying to get out of him for him to post bail?
>> Uh so his legal representatives today indicating that Mr. Browni only makes about 32,000 rand every month. Uh so he would be only able to uh provide the state with about 10,000 rand for bail.
Uh but uh the state itself saying that uh that is too little especially for someone who's being accused of a schedule five offense. Uh he faces charges including perjury, defeating defeating the ends of justice, being in possession of an unlicensed firearm as well as uh discharging that particular firearm in a public space. So quite serious allegations that he's facing. So the state is asking for about a 100,000 rand from Mr. Brown Mohoy. Let's take a listen to what uh the state prosecutor had to say about this.
>> It has been suggested by my my learned colleague that uh the amount that the uh applicant can afford is an amount of 10,000.
I disagree with the amount. my submissions, my counter submission that is that appropriate an appropriate amount uh would then be a $100,000.
>> All right, Junior, let's wrap it up quickly. So, the matter postponed, what happens next? When does it return to court?
>> Uh, the matter has been postponed to the 4th of June. So this gives the opportunity for the magistrate to then deliberate on the arguments that have made been made by both sides. The state making it clear that they oppose uh bail but if it should be granted then the amount should be exorbitant that is charged against Muhoi. Moz's legal team saying that uh no he can only afford 10,000 rand and also saying that he has presented himself when asked but that is is is a cause of concern because the address issue was one of the main challenges uh the fact that he gave them the wrong address so it's for the magistrate to then deliberate but it's back next week so another week in uh behind bars for Mr. It's already been two weeks, isn't it?
>> It's already been two weeks.
>> Yeah.
>> That's why he made that face after he heard that there was >> emotions were all over when Mr. Mahoti heard about another week in court as well as the individuals that are actually in court uh to support him as well.
>> Yeah, it's tough eh the South African court system when it really grabs you, it holds you tight. Thank you very much and uh Junior Kumalo keeping us updated about the story surrounding Brown Morti.
Well, we're going to stay in the courts when we return. Taxi boss Joe Ferrari Sibon and co-acuse. They've been granted bail in the extortion case that they face. Newsroom Africa's Verik Mafadi doing lots of work today in court. You would have seen her moving from one interviewee to the next. She's in studio right now to give us the update.
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