BREAKING NEWS: COURT DELAYS BROWN MOGOTSI BAIL BID | STATE TO VERIFY ADDRESS

Added: 2026-05-28

[00:01:13]Okay, yes, we are back on record. As a matter of fact, is this your worship?

[00:01:17]>> [clears throat] >> Um your worship, I uh have gone through the supplementary affidavit and >> [clears throat] >> I am of the view that the duty of the state, your worship, is to assist the court in uh presenting all the necessary so that the court can uh >> [clears throat] >> uh come to a conclusion which is uh in the interest of justice.

[00:01:54]I have therefore uh spoken to my colleague. I have indicated to my colleague that uh uh I am going to apply that this matter be uh remanded once more for the purpose of of the address.

[00:02:12]What do you mean by purpose of address to be verified? Yes, to be verified.

[00:02:19]And anything more?

[00:02:22]Um >> [clears throat] >> that is all, uh my the uh your worship.

[00:02:51]How long do you need to verify this address?

[00:02:55]Um your [clears throat] worship, it is outside to the uh the province. Yes. Um I I would need uh at least uh 7 days for these papers.

[00:03:07]Because uh the police [clears throat] officers are supposed to make an application to go outside the >> [clears throat] >> uh province.

[00:03:18]And uh that is the estimation that I I I think 7 days would be sufficient.

[00:03:27]As the court pleases, your worship.

[00:03:35]Thank you, your worship.

[00:03:38]Your worship, uh >> [clears throat] >> I do agree with the state that our duty is to assist the court.

[00:03:46]I further agree that uh it is necessary that this particular address be verified.

[00:03:57]Your worship will note that the matter was postponed previously on the 18th of uh May to today.

[00:04:11]Yes.

[00:04:12]Your worship, similar reasons were advanced by the state that uh they require 7 days so that they can actually uh be allowed to obtain a permission uh to leave the province.

[00:04:28]Your worship will note that as per the annexure to the investigating officer's statement which will be annexure AR05 Yes. the second page thereof it appears that there is a statement of this person that uh they reside at the address which was not positive.

[00:05:03]And when we look at this particular statement, it was obtained on the 20th of May which was less than 2 days after the matter was postponed on the 18th.

[00:05:18]>> [clears throat] >> In actual fact, it was commissioned at 25 minutes before 1:00 in Mafikeng.

[00:05:31]Now, having said so, it is clear that it is possible that this particular address can be verified within a period of 2 days.

[00:05:42]Because it has happened uh last week wherein the investigating officer within 2 days managed to verify this particular address.

[00:05:57]And having said so without overemphasizing the needs or rather the agency that a bail application uh needs to be attached to this particular matter in relation to bail of the accused person.

[00:06:17]The agency This matter, as the investigating officer has also indicated in his affidavit it's a high-profile matter with public interest.

[00:06:34]And having said so, it is clear that the public would want to know as well as to what is happening in relation to this particular bail application.

[00:06:45]Now, the interests of justice that the state has indicated would we say that they paying the interests of justice permit another 7 days under these particular circumstances where the accused person's liberty has been declined at this particular stage?

[00:07:07]Whereas we can actually see from the evidence that we have in his bail affidavit that it is possible to verify this particular address within 2 days.

[00:07:19]Because the 18th we postpone, the 20th already quarter to or 25 minutes before 1:00, the address has been actually an address was visited. So, why under these circumstances should we then postpone for another 7 days whereas the bail has already started?

[00:07:38]The accused person also anticipate to hear a judgment in relation to his particular bail.

[00:07:45]It does not serve the interest of justice and we propose your worship that the matter be remanded to Wednesday for the continuation of this particular bail application.

[00:07:59]We submit your worship that this is sufficient in light of the fact that the investigating officer will it will not be the first time going there or requesting an authorization. It will be much easier to obtain authorization under the circumstances where in whoever who is in authority to give this particular authorization is also fully aware of this particular case, fully aware of this particular need for this particular address to be verified.

[00:08:34]And having said so your worship, I believe that the 7-day postponement is unjustified.

[00:08:41]That is all I have to submit at this stage.

[00:08:44]Court please excuse.

[00:08:49]>> [clears throat] >> Do you want to respond to that?

[00:09:58]Um [snorts] yes, uh your worship. Yes.

[00:10:01]Um your worship, uh if the honorable court is of the view that the matter should in fact that a shorter remand should be granted, I am not available on Wednesday. I am available uh Thursday and Friday.

[00:10:20]And your worship, the I the state is aware that the available vacation is urgent. However, your worship, this is not the what the state has created because uh uh the state was not given the address on numerous occasions. So, the fault cannot squarely lie on the state. That's the court's reason.

[00:11:02]At this stage, I will grant the postponement for the purpose of the address to be verified.

[00:11:08]And I think it's false for uh the state as well as the applicant is in this matter because of uh the address which the state have previously it differ from what he uh he have provided to the court. So, I think there is a need. So, and I also noted that this application is urgent and therefore I grant a short postponement to Thursday as the prosecutor is available on Thursday, so the 28th.

[00:11:59]Mr. Mkhize, your case is postponed until Thursday, the 28th of May for your address to be verified. We'll proceed with this application on the 28th. Do you understand?

[00:12:12]Thank you, Mr. Dlamini.

[00:12:18]As the court pleases, You are excused. Thank you.