The court delivered its ruling on Friday, balancing Mogotsi's right to a fair trial against concerns about the safety of witnesses and their families. Their names and residential addresses will remain confidential, but the State must disclose certain redacted cellphone records and employment information relating to one witness.

Mogotsi faces charges including unlawful possession of a firearm, perjury and defeating the ends of justice. The charges are linked to an alleged staged assassination attempt in Vosloorus last year.

Court Rejects Bid To Reveal Witness Names And Addresses

The defence had requested further particulars, arguing that the information was necessary to establish whether witnesses were in a position to observe the alleged incident and to challenge the prosecution's evidence.

The magistrate acknowledged that accused persons must receive sufficient information to prepare their cases, including material that could raise questions about witness credibility and possible motives.

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However, the court rejected requests for witnesses' names, residential addresses and unredacted copies of all witness statements. It found that disclosing the identities and addresses of witnesses A5 and A6 was unnecessary for the defence's case and could expose them and their families to risks.

“I feel that I dealt with this matter previously. My stand is still the same that it's important that witnesses be protected. We should not then risk the witnesses unnecessarily,” the magistrate said.

State Ordered To Hand Over Redacted Cellphone Records

Although witness identities will remain protected, the State has been ordered to obtain cellphone records for witnesses who allegedly saw the incident. The records must be requested through a subpoena in terms of Section 205 of the Criminal Procedure Act.

Before the information is handed to the defence, witnesses' names must be removed and replaced with alphabetical and numerical identifiers. Prosecutors must also provide the dates on which each witness made a statement.

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The State must further approach the employer of witness A5 to confirm the person's employment and establish their working hours on the day of the alleged incident. This includes the times the witness reported for duty and finished work. The magistrate said the State had agreed that the information could be obtained without revealing the witness's identity.

Mogotsi Remains In Custody As Case Is Postponed

In explaining the decision, the magistrate stressed that the right to a fair trial does not automatically entitle an accused person to every piece of information held by the prosecution. Instead, the court must consider whether the requested material is relevant and whether withholding it would affect the accused's ability to present a defence.

“The fair trial requirement is fundamental. The court in each case would have to exercise a proper discretion, balancing the accused's need for a fair trial against the legitimate interests of the state, enhancing and protecting the end of justice,” the magistrate said.

He also warned that revealing witness identities and addresses could discourage people from testifying because of fears for their safety. The court maintained that Mogotsi's defence would still have an opportunity to see and cross-examine the witnesses during proceedings.

Mogotsi remains in custody, and the matter was postponed to 9 December to allow the State to comply with the court's instructions.