North West businessman Brown Mogotsi has admitted he was charged with murder in 2010 after a man died following a fight.
Image: Ayanda Ndamane/Independent Newspapers
North West businessman Brown Mogotsi has told Parliament’s ad hoc committee that he was arrested and charged with murder in 2010, after a fight in which a man died, but said the case was later withdrawn due to a lack of witnesses.
Mogotsi appeared in person before the committee after initially requesting to testify virtually, citing security concerns.
He had also asked Parliament to cover the travel and accommodation costs of his private security team as a condition of his appearance.
The committee was established following explosive allegations made in July last year by KZN provincial police commissioner Lieutenant General Nhlanhla Mkhwanazi, who claimed there was widespread corruption and protection of criminal networks within the justice system.
Mogotsi’s disclosure came during questioning by MK Party MP Vusi Shongwe, who asked whether he had previously been arrested and charged.
“Yes, I was sentenced for drinking and assault,” Mogotsi said.
Pressed further on whether he had other cases that were later dropped, he responded: “I cannot remember it many times.”
Asked to specify, he pointed to charges including reckless driving and fraud.
“There are many, I cannot remember,” he said.
Shongwe then asked directly whether he had been charged with murder and whether such a case had been dropped.
“Yes, that’s correct. It was dropped,” Mogotsi said.
He told the committee the incident arose from a physical fight in 2010 in Mmabatho, North West. “It was not intentional,” he said.
“There was a fight. It was physical, and he fell on his neck. He fell.”
Mogotsi said he did not shoot the man and denied that it was a case of self-defence. “If it’s self-defence, it means I was found not guilty,” he said.
“Not guilty. That case was dropped. If it was dropped, it means it was withdrawn.”
He confirmed that he had been formally charged with murder and that the matter had been enrolled in court. He said he was out on bail at the time and present in court when the case was withdrawn.
“Yes, it was enrolled. It went to court. They said for trial, and it was withdrawn,” he said, attributing the withdrawal to the absence of witnesses.
“There were no witnesses. The day when I was in court, there was no witness,” he said.
“The incident happened between me and this person. It was only me and him. The state did not actually have the necessary case to prove.”
MK Party MP Sibonela Nomvalo asked at what stage the case was withdrawn and whether Mogotsi had pleaded.
North West businessman Brown Mogotsi has revealed to MPs at the ad hoc committee that he was charged with murder in 2010 after a man died following a fight.
Image: Ayanda Ndamane/Independent Newspapers
Mogotsi initially said he had not pleaded, but later confirmed he had entered a not guilty plea.
“In Schedule 5, 6, you have to plead before going to trial. I pleaded not guilty,” he said.
EFF leader Julius Malema questioned how Mogotsi could claim there was no prima facie case if he had been formally charged and had pleaded not guilty to murder.
“When you pleaded not guilty, they would have said to you, ‘You are charged with the murder of so-and-so. Do you understand the charges?’” Malema said.
“That means there was prima facie evidence of murder.”
“I don’t know,” Mogotsi replied.
He said his defence had intended to apply to have the charge reduced to culpable homicide, but the matter was withdrawn before trial.
Mogotsi also confirmed that he was a crime intelligence informant in the 1990s and became a contact agent in 2009.
He said he was registered as an agent at the time of the incident in 2010 and denied that his handler was involved in the case.
Asked whether the deceased was a man or a woman, Mogotsi confirmed it was a man.
He maintained that the death was not intentional and said he had taken the injured man to a clinic before he later died.
“But before the trial, the matter was withdrawn,” he said.
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