In bail court proceedings, the state can challenge an applicant's residential address by conducting verification checks that may reveal discrepancies between the address provided in affidavits and municipal records, such as finding that a property belongs to the municipality rather than the applicant, or that lease agreements are registered in another person's name, which can affect the court's assessment of the applicant's credibility and bail conditions.
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BREAKING: STATE CHALLENGES BROWN MOGOTSI’S ADDRESS IN BAIL COURTAdded:
Your worship, may I proceed?
Thank you, your worship.
The state refers the honorable court to case number 41 / 318 of 2026.
The presiding officer is Miss Pinyane for the state is Mr. Mbekane.
And for the defense is Mr. Sekhukhune.
Um your worship, the matter was remanded for to today for purposes of uh for the state to make a further verification.
Your worship, the investigating officer has prepared the statement in responding to the >> [clears throat] >> uh supplementary affidavit of the applicant.
Your worship, with leave of the honorable court, may I read the statement into the record?
>> Proceed.
>> As the court pleases.
Um Your worship, the state is going to proceed reading uh paragraph six.
The reason for reading paragraph six, continuing from paragraph six, is that uh the uh other paragraphs are referring to uh the uh the introduction and they are contained in the uh uh police affidavit that was earlier on.
Yes.
Um >> [clears throat] >> Uh paragraph number six reads as thus.
On 25 May 2026, I was requested to follow up on a residential address verification of the applicant.
Seven, a PIN location was supplied as per the applicant supplementary statement placed before court.
Eight, 27 On 27 May 2026, this was followed up and the PIN location provided were visited by me in Mahikeng.
Eight, at the PIN location of the left-hand side, I found a residential address.
There was no street number displayed at the house attached as AR 02 photos 227.
I I approached the house and found a female at the residence. I introduced myself and she introduced herself as Dorothy Lekwaba.
I verified her identity with her uh ID she produced.
I took a photo of her ID attached as AR uh 02 photo one.
10, I confirm that she is the same person that supplied the affidavit relating to the residential status of the applicant attached to the applicant statement placed before court as well as my statement placed before court.
11, as I as I could not establish the same the street number of the property, I asked Dorothy Diquaba if she knows what the number of the property is. She immediately told me that the number is 45 44.
This does not correspond with the house number in the affidavit.
12 She was requested to point out a personal property of the applicant. She pointed out uh minimal clothing in the main bedroom.
13 She could not produce any personal documentation of the other belongings of the applicant. 14 In my view, there is no property or of substantial value at the residence belonging to the applicant. 15 It is a small three-bedroom house. I took photos of the inside of the house attached as AR uh 02, photos 1 to 17.
16 She provides a a lease agreement attached as AR um 01 to the statement.
It indicates that the lease is in her name and the tenant with house number 44 54 Mushawu Street, Unit 13.
17 The Lesole uh landlord is indicated as Albert uh Muisawu Khosi.
And the And the ID number is listed. I was informed that uh this person is from Limpopo. It also indicates that lease was signed on uh 1st of July 2026.
You see attached AR 01 page three.
Um 18, the applicant in his affidavit before court supplied proof of residential from the Barolong Boo Ratshidi Traditional Council indicating stand number 44 5 4 as his residential stand number.
Paragraph 19, I inquired with Mahikeng Local Municipality on the ownership and the status of 4544 Mohatlane Close as this is a pin location supplied by the applicant and where I found Dorothy Lekwape.
20, I was informed that the property belongs to Mahikeng Local Municipality. Attached as per AR uh 03.
21, the municipal manager of Mahikeng Local Mu- Local Municipality supplied a confirmation of existence of property letter that confirms that the property belongs to the municipality and it is not tribal land.
Attached as AR 04.
22, um I was also informed that the property is legally leased by AT Khodi.
I was supplied with a tax invoice for the property attached as AR05.
23 This contradicted as indicated on AR 01 as the lawsuit.
Um you worship this statement was uh signed before a commissioner of oaths and this was done on the 28th of May 2026 at 9:00 in at Johannesburg Central.
Worship, I would beg leave to hand in the statement.
Um worship, I if I may I think that this would be exhibit D.
>> Correct.
Marked as exhibit [clears throat] D.
>> As the court pleases.
Um worship, there's nothing else that the state is uh That will be the case for the state.
>> Thank you.
>> As the court pleases.
>> Defense submissions?
>> Thank you, worship. Your worship, I see there's an indication from uh the applicant uh that I should approach with the leave of the court.
May I approach the applicant?
>> Yes, you may proceed.
>> As the court pleases.
>> [clears throat] >> Uh thank you, worship. Your worship, uh I have obtained instructions from the applicant in this matter.
I've also consulted counsel uh in relation to the matter and uh we are actually going to seek a short adjournment if the court so allows.
Uh 5 minutes to be precise.
Just to clarify our position and also to just prepare arguments in relation to the submissions which have been made.
Just 5 minutes it will be sufficient, your worship.
The court did not adjourn if we can just be excused so that we can actually attend to this case.
I'm in the hands of the court. It's got to be this way.
>> Can I just stand down until called again?
>> The court business is excused.
>> Can I stand down so we can call her again?
>> Maybe for a short excuse.
It's court business.
>> Is Mr. Sisulu in?
Ready?
>> He was here.
>> He's here.
>> Can you let us proceed?
>> You're excused, advocate.
>> Thank you. Thank you watching.
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