Tshwane Metro Police Department officer Peter “Gagash” Nonyane and his wife, suspended attorney Charlotte Tibana, are reportedly turning to the Polokwane High Court in an urgent bid to overturn the denial of their bail application, a decision that kept them behind bars.
The couple, who are facing 43 charges including fraud, theft and money laundering, were refused bail by the Polokwane Magistrates’ Court earlier this month.
The charges stem from allegations involving millions of rand allegedly taken from deceased estates administered by Tibana. The National Prosecuting Authority (NPA) says the alleged amount involved is approximately R6 million.
The State successfully opposed bail, arguing, among other things, that Tibana had allegedly interfered with the investigation by contacting witnesses while in custody. The National Prosecuting Authority (NPA) also told the court that investigators were in possession of alleged voice recordings relating to those contacts.
The magistrate subsequently ordered the couple to remain in custody, with the criminal matter postponed to 06 November for further investigations.
Limpopo NPA spokesperson Mashudu Malabi told African Times on Tuesday that while an appeal had been filed, she could not confirm the hearing date.
“The appeal is filed in the High Court. I can’t confirm the date. You may ask the Registrar of the High Court,” Malabi said.
African Times attempted to contact Chief Registrar of the Limpopo Division of the High Court, Mokgadi Phaswane, for confirmation of whether the matter had been enrolled and allocated to a judge. The calls went unanswered.
The uncertainty means that, at this stage, there is no official confirmation that the urgent bail appeal will be heard on Wednesday or which judge, if any, has been allocated the matter.
Previous African Times reporting
As previously reported by African Times, Nonyane was arrested in Pretoria on 14 August, while Tibana was arrested in Polokwane on 17 August. Their arrests followed an investigation into alleged withdrawals and laundering of funds from deceased estates.
The case subsequently expanded from the initial charges, eventually reaching 43 counts. The State alleges that money linked to several deceased estates was unlawfully withdrawn and moved through different accounts.
The estates mentioned in court proceedings include those of the Masha, Mathabatha, Maswanganyi, Moetjie, Kobe and Tlabile families, with various amounts allegedly involved.
The criminal case has also been accompanied by separate professional action against Tibana.
African Times recently reported that the Legal Practice Council took control of Tibana Attorneys’ trust accounts after the High Court in Polokwane suspended her from practising as an attorney pending disciplinary proceedings.
