‘Not even my shadow’: Mogotsi returns for fourth bail bid as CCTV evidence challenged

Brown Mogotsi is back in the Johannesburg Magistrate’s Court on Friday as his fourth bid for bail on new facts continues, with his defence challenging the state’s allegations that he staged his own shooting and was planning to escape from custody.

At his last appearance, Mogotsi’s defence challenged the state’s CCTV footage, which allegedly shows that he staged his own attempted assassination.

He said he has watched the footage handed to his legal team but insists he does not appear in any of the clips.

“I can confirm I saw the footage. It’s in three clips. Brown Mogotsi does not appear in the footage. Not even my shadow,” he said.

He also denied claims that a “uniform was ready” as part of an alleged plan to help him escape from custody.

He also rejected the investigating officer’s claims that he was planning to flee.

Investigators previously opposed his latest bail application, telling the court that Mogotsi was allegedly planning to escape from custody.

Mogotsi has filed an affidavit addressing the reasons his first three bail applications were dismissed.

Charges stem from alleged staged shooting

Mogotsi, 45, faces several criminal charges stemming from an incident reported to police on Nov. 3, 2025.

According to the state, Mogotsi told police he had been driving alone in Vosloorus when occupants of a bakkie allegedly chased him and fired several shots at his vehicle.

He allegedly said he was forced to stop before the occupants fled on foot.

The state alleges that Mogotsi then fired 11 rounds at his own vehicle. Investigators recovered 11 spent cartridges at the scene.

He faces charges of 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.

Mogotsi denies escape allegations

Mogotsi was called to the witness stand to testify about how he had been treated in prison after he was accused of trying to escape.

In an affidavit submitted through his lawyer, Advocate Nthabiseng Mahomane, Mogotsi denied that he had been planning to escape from custody.

“I have never planned an escape from court, nor have I ever made any arrangements to disguise myself as a correctional official or to leave the court cells while disguised as such. I came forward with new bail facts,” he said.

Mogotsi said the investigating officer had verified his addresses in Johannesburg and North West province.

According to his affidavit, the Johannesburg address was verified on August 17, 2026, while the North West address was verified two days later, including confirmation with the leasing agent.

“Fully aware that the addresses were positive, the investigating officer then comes with these unsubstantiated allegations,” Mogotsi said.

He argued that, apart from the investigating officer’s report, there was no evidence to support the allegations that he had planned to escape.

Searches found no evidence, defence says

Mogotsi said searches were conducted on August 18 and August 23, both shortly before court appearances.

“The search was a regular operation, which had nothing to do with the alleged planned escape,” he said.

According to Mogotsi, nothing relating to an alleged escape plan was found during the searches.

“I was never found in possession of a uniform in court or in the cells,” he said.

Mogotsi also said he did not recall being subjected to any additional surveillance beyond the usual level of security.

“Special arrangements are made when there are attempts to escape. The prisoner would be escorted by the TRT unit from the South African Police Service,” he said.

He told the court that no such escort was present on August 20, 2026.

Defence questions evidence of alleged escape plan

Mogotsi said his legs were chained on August 20, but that he was not given a reason for the additional restraint.

“I, however, question that if this alleged escape plan was true and reported, I would have been charged with conspiracy or an attempt to escape,” he said.

“The investigating officer’s statement does not assist the court in providing sufficient evidence that supports these allegations.”

Mogotsi’s lawyer argued that the allegations were similar to previous claims of bribery and intimidation, which the defence maintains were baseless and unsupported by sufficient evidence.

Mogotsi said his legs were chained only on August 20 and not on August 25.

“If there was this alleged attempt, the same measures were not put in place on the 25th, which leads me to believe that there was no such threat,” he said.

The defence also challenged claims that a correctional services uniform had been prepared for Mogotsi’s alleged escape.

“It does not say who had the uniform ready or how exactly this plan was to be executed once at court,” the defence argued.

State alleges escape plot was thwarted

The court previously heard that correctional authorities had allegedly thwarted an attempt to help Mogotsi escape while he was in custody.

The state told the court that correctional officials had intercepted information suggesting that Mogotsi was planning to escape and acted swiftly to prevent it.

The prosecutor read an affidavit by the investigating officer into the court record.

The officer said he had been alerted by a Correctional Services official that Mogotsi was allegedly planning to escape.

According to the affidavit, correctional authorities subsequently made arrangements to prevent the alleged escape.

The bail hearing was postponed to September 11 for continuation.

simon.majadibodu@iol.co.za

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