The state is opposing the release on bail of late rapper Kiernan AKA Forbes’ bodyguard, Anwar Khan, and another businessman in the case involving alleged fraud at the University of Fort Hare.
Senior prosecutor advocate Mduduzi Mzila said that reasons for refusing to release Khan and civil servant turned businessman Terrence Joubert would be provided on Friday when their bail application was heard in the Dimbaza magistrate’s court.
Ten other accused alongside the two were released on R50,000 bail each by magistrate Nkosinathi Mjekula.
They are Anna Susana Ansa Smith, Paul Anathanatius Tladi, Lucrecia Claudine Davids, Mbulelo Gingcana, Louis Nkateko Mawila, Nozuko Theodora Mabombo, Thamsanqa Sonjica, Bradley Conradie, Craig Retief and Nthabiseng Keitumetse Makhoba.
These include current and former University of Fort Hare employees and businesspeople.
The bail conditions included that they hand over their passports, report to their nearest police stations every Wednesday, not leave their respective provinces without informing the investigating officer, and not interfere with investigations and witnesses.
All face charges of charges of fraud and corruption.
The charges against the latest 15 accused relate to R171m lost by the university.
The state alleges the conclusions of tender contracts were preceded by violent acts at the university.
These include the attempted murders of Fort Hare vice-chancellor Prof Sakhela Buhlungu and his deputy, Prof Renuka Vithal, who were shot at by gunmen on March 17 2022, as well as the murder of Buhlungu’s bodyguard Mboneli Vesele in January 2023.
The shooting was followed by another shooting near CFO Charles Matumba’s house on April 1, which the state dubs a “ploy to create more panic in the university”.
It is alleged that between April 2019 and February 2024 all the accused defrauded the university by expressly stating or implying to the university, Buhlungu and Matumba that there was a “dangerous atmosphere after the arranged shootings were perpetrated in the UFH”.
This atmosphere necessitated a deviation from the university’s normal tender process rules.
All the contracts of the respective service providers were be backdated from 2019, even when the recent shootings in 2022 were used as a reason.
The invoices approved by Plaatjies in conjunction with Smith, Tladi, Gingcana, Mawila, Mabombo, Van der Haar and Sonjica allegedly reflected incorrect amounts as agreed between the university and the service providers.
The charge sheet reveals Joubert is the sole director of Tarlec Security Services and is the one who facilitated the awarding of tender contract to Pentagon Company Group, a security company where Khan is the sole director.
After winning the tender, Khan is alleged to have given kickbacks to Joubert, to axed director of investigations and vetting Isaac Plaatjies who is accused one in the case, to Smith, Gingcana, Mawila, Mabombo and Sonjica.
Plaatjies abandoned his right to apply for bail.
Pentagon is alleged to have received more than R62 while Tarlec is alleged to have received more than R7m.
The state initially opposed the release of all the 12 accused, but on Monday made a turnabout.
On the sidelines, National Prosecuting Authority spokesperson Luxolo Tyali said when the case was postponed last week, the investigation was still ongoing.
“Further developments did take place since then that have necessitated that the NPA change its tune.
“These developments are contained in the affidavits that are sensitive so the magistrate agreed that they shouldn’t be ventilated in court.
“This case has lots of security sensitivities. Those are the developments that we are unable to share with the public lest to say they necessitated that we don’t oppose bail.
“There was no blanket decision not to oppose bail. Even if Plaatjies decides to apply for bail, we will oppose.”
Except for Khan and Joubert, all the accused will be in the dock on May 9.
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