By Lehlohonolo Lehana.
The Johannesburg Magistrate’s Court has dismissed political fixer Oupa Brown Mogotsi’s application to compel the state to disclose the identities of the witnesses amid security concerns.
Mogotsi made a brief appearance in the Johannesburg Magistrate’s Court on Monday facing five charges.
He was arrested on 16 May 2026 on a charge of defeating the ends of justice after staging a fake assassination attempt during his first appearance before the Madlanga Commission of Inquiry last year.
He was denied bail on 4 June after failing to provide a verifiable residential address.
His lawyer, Makau Sekgatja, argued 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.
“Our client needs to know who are these people saying whatever they are saying against him,” said Sekgatja.
“And if for the purpose of preparing for his trial, he wants to do further investigations and prepare adequately for his trial.”
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 state rejected suggestions that it was withholding evidence.
State Advocate Thami Mpekana said they want the witness list kept confidential in the interests of justice.
Mpekana said section 144(3)(a) of the Criminal Procedure Act allowed the state to withhold witnesses’ names and addresses in appropriate circumstances.
“The reason the state embarked on this course is because, during the bail application, there was a threat made against one of the state witnesses,” the prosecutor said.
He maintained the State it is ready to proceed with the trial.
The Magistrate ordered that the state furnish Mogotsi’s defence with all the requested statements; however, it dismissed the application for witness names.
“The safety of the witnesses is very, very important to this court, you know, and whenever one deals with matters of this nature, one has to be very careful in that the lives of the persons who are to be witnesses are not jeopardised,” said the Magistrate.
The case was postponed to 20 August 2026 for the full disclosure of the docket.