The attempt by Tshwane Metro Police Department officer Peter “Gagash” Nonyane and his wife, suspended attorney Charlotte Tibana, to urgently overturn their refusal of bail has been derailed after their appeal was removed from the Polokwane High Court roll on Wednesday.
In one of the shortest court proceedings, the matter was removed from the roll following an application by the couple’s defence lawyer, Mokgadi Makhurupetje. Judge Pillay subsequently confirmed the removal, bringing the couple’s urgent bail bid to an abrupt end without the appeal being ventilated on its merits.
Nonyane and Tibana had approached the High Court after Magistrate Godfrey Netshiozwi refused them bail earlier this month. The magistrate cited concerns raised by the State about possible interference with witnesses and the ongoing investigation.
The couple faces 43 charges, including fraud, theft and money laundering, arising from allegations concerning millions of rands in funds belonging to deceased estates administered by Tibana in her capacity as executor.
The National Prosecuting Authority (NPA) has put the alleged amount at about R6 million, although the prosecution has identified several estates allegedly affected:
• Masha Estate — R650,000
• Mathabatha Estate — R1.1 million
• Maswanganyi Estate — R2.75 million
• Moetji Estate — R1.38 million
• Kobe Estate — R800,250
Luxury vehicle transaction at centre of case
African Times News extensively reported that the investigation initially centred on transactions involving the estates of the late Isaiah Masha and Jacob Mathabatha before the allegations widened to include additional estates.
During the couple’s first court appearance in August, state advocate Martin Molokwane told the court that Nonyane and Tibana allegedly acted with a common purpose on 28 October 2024 to purchase a luxurious German vehicle.
The State alleges that R650,000 from the Masha estate and R1.1 million from the Mathabatha estate were combined and used to purchase a pre-owned Mercedes-Benz AMG G63 from McCarthy Mercedes-Benz in Wonderboom, Pretoria.
According to the prosecution, the funds were unlawfully withdrawn from the estates and subsequently channelled into the vehicle transaction, forming part of the State’s money-laundering allegations. This backfired when a salesperson at the dealership, Jacky, allegedly asked for consent forms to use funds from the estates, which the duo failed to produce.
What began as allegations involving two estates has since expanded into a broader criminal investigation involving five estates and millions of rand.
Nonyane was arrested in Pretoria on 14 August, while Tibana was arrested in Polokwane three days later, on 17 August.
With the urgent bail appeal now removed from the roll, the criminal proceedings remain before the lower court. The matter has been postponed to 6 November for further investigations.
