Inside the Mogotsi files: NPA requests murder, assault, and fraud dockets

Police in the North West say they sent over 10 dockets linked to controversial businessman Brown Mogotsi to the National Prosecuting Authority (NPA),

The dockets relate to kidnapping, murder, assault, reckless and negligent driving, assault with intent to cause grievous bodily harm (GBH), and defeating the ends of justice.

It also includes a withdrawn 2011 murder case in which a man died later the same day of the incident at a local clinic.

This comes after the NPA requested that all police dockets linked to Mogotsi be submitted to the authority following his appearance before Parliament’s ad hoc committee last month.

Mogotsi was grilled about allegations that he was acting as a political fixer and about possible links to law enforcement and political figures.

During the proceedings, Mogotsi acknowledged that several criminal charges had previously been laid against him.

The committee was established following explosive allegations made in July last year by KwaZulu-Natal provincial police commissioner, Lieutenant General Nhlanhla Mkhwanazi, who claimed there was widespread corruption and protection of criminal networks within the justice system.

NPA North West spokesperson Sivenathi Gunya confirmed to IOL News that the authority had requested all previous cases against Mogotsi.

“Yes, we can confirm that the NPA has requested dockets from SAPS. We can’t comment any further until we have the dockets,” Gunya said.

Gunya did not respond to a question on how many dockets had been requested from police and whether any further legal steps would be considered after reviewing them.

North West provincial police spokesperson Colonel Adéle Myburgh confirmed that SAPS had received a request from the NPA for the dockets relating to Mogotsi.

“A request was received from the NPA for all dockets relating to Brown Mogotsi. There are quite a number of them (more than 10),” she said.

Myburgh said the dockets relate to cases including kidnapping, murder, assault, reckless and negligent driving, assault with intent to cause grievous bodily harm (GBH), and defeating the ends of justice.

During his testimony, Mogotsi told the committee that he had been arrested and charged with murder after a fight in which a man died.

He claimed the incident occurred in 2010.

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 on whether there were other cases that had later been dropped, he replied, “I cannot remember it many times.”

Asked to specify, he referred to charges including reckless driving and fraud.

“There are many. I cannot remember,” he said.

Shongwe then asked directly whether Mogotsi had been charged with murder and whether the 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 Mmabatho, North West, in 2010.

“It was not intentional,” he said. “There was a fight. It was physical, and he fell on his neck.”

Mogotsi said he did not shoot the man and denied it was a case of self-defence.

“If it’s self-defence, it means I was found not guilty,” he said.

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 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 claimed.

“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 Sibonelo Nomvalo asked at what stage the case had been withdrawn and whether Mogotsi had entered a plea.

Mogotsi initially said he had not pleaded but later confirmed that 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 asked.

“That means there was prima facie evidence of murder.”

Mogotsi replied, “I don’t know.”

He claimed his defence had intended to apply to have the charge reduced to culpable homicide, but the matter was withdrawn before the trial began.

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 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.

Meanwhile, Myburgh confirmed that the murder case was reported on December 16, 2011.

“The victim, Buthi Jan Mothusi, 35, was allegedly assaulted by Mr Brown Mogotsi, who was 32 at the time of the incident. He died later the same day at a local clinic,” she said.

She said Mogotsi made his first court appearance three days later, on December 19, 2011.

“On October 13, 2022, the case was withdrawn by the NPA,” Myburgh said.

She added that a more detailed report on the cases reported would have to be requested from the relevant police stations.

“Also note that SAPS cannot comment on the reasons why the NPA withdrew a docket,” she added.

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