COURT CASE3 AUG 2026Mogotsi bid to access witnesses’ identities dismissedNkateko Joseph Mabasa3 min read

The Johannesburg Magistrate’s Court allowed Mogotsi access to witness statements, with the personal details redacted, after his wife’s alleged dispute with a neighbour acting as a witness The Johannesburg Magistrate’s Court has dismissed businessman Brown Mogotsi’s application to compel the state to disclose the identities of witnesses in his criminal case. Mogotsi was arrested on 16 May 2026 on a charge of defeating the ends of justice after allegedly staging a fake assassination attempt during his first appearance before the Madlanga Commission in November 2025. He was denied bail on 4 June after failing to provide a verifiable residential address.

His lawyer, Makau Sekgatja, argued on Monday that the state had acted illegally by redacting the names of witnesses from the docket. He submitted that only a court, not the prosecution, could authorise withholding witnesses’ identities. “The state cannot simply tell us that it is not going to provide the names of specific witnesses because that is not based on law,” Sekgatja said.

He said that withholding the names infringed on Mogotsi’s constitutional right to prepare an adequate defence. “Our client needs to know who these people are who are making allegations against him. If he wishes to conduct further investigations to prepare for trial, he needs to know the identities of his accusers,” he said.

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Sekgatja also criticised delays in the disclosure of witness statements. He said the defence had requested the statements on 10 July but had received some of them only on Monday. “The situation today is that we have received statements and expected to consult with our client.

Again, it is not all the statements that have been provided,” he said. The state rejected suggestions that it was withholding evidence.

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