Political fixer Brown Mogotsi’s lawyer, Makau William Sekgatja, says they are looking into suing the state for malicious prosecution and unlawful arrest.
Mogotsi was arrested on Friday evening, 15 May 2026, after his appearance at the Madlanga Commission, where he spent hours refusing to answer questions asked by chief evidence leader Matthew Chaskalson, stating, “I’m not going to incriminate myself”.
However, his arrest is not related to the Commission. The political fixer was arrested for allegedly faking his own assassination attempt in Vosloorus, Gauteng.
Mogotsi’s arrest was unnecessary
Sekgatja told Newzroom Afrika on Saturday afternoon that Mogotsi could easily have been summoned to appear in court, and that the arrest was unnecessary.
“We will be investigating, and our client is within his rights to go the civil route to actually sue for malicious prosecution as well as unlawful arrest,” he said.
“So it is within his right, and those are the things that we are going to investigate at a later stage because in circumstances of this nature and a person of a high-profile nature as our client in this matter, strict methods could have been used to actually bring him before the honourable court.”
Mogotsi could have been subpoena
Mogotsi faces charges of defeating the ends of justice.
His lawyer is of the view that Mogotsi could have been subpoenaed to appear before court, instead of issuing a warrant of arrest. Alternatively, they could have arranged a handover with the lawyers.
“You know, they could have actually subpoenaed him to say, look, on this particular day, we need you to actually come and appear for this matter,” said Sekgatja.
“And if the subpoena is not possible, they could have even arranged with us to say, look, we want your client to actually come on this particular day so that we can actually process him and take him to court in relation to this particular matter.”
Accused to have his day in court
Mogotsi previously claimed he was hijacked and that an attempt had been made on his life. However, investigators now believe the incident was staged.
Sekgatja said Mogotsi is willing to tell his side of the story in court and maintains that he did not fake his own assassination attempt.
“He maintains his innocence in relation to those particular charges, and he feels that only the courts are going to be in a position to vindicate him in relation to those particular charges,” he added.
“So he’s willing to actually put his case before the court. And it is clear that instead of his charges being properly investigated, and determining the truthfulness in those particular charges. He is actually shocked that he is actually, he was the one who was being investigated instead.”
Mogotsi is set to appear before court on Monday, 18 May 2026.
