By Johnathan Paoli
Controversial North West businessman Suliman Carrim has been granted R100,000 bail by the Pretoria Magistrate’s Court, despite the State’s arguments that he posed a flight risk and could evade his trial.
Carrim faces a charge under section 6(1) of the Commissions Act for failing to appear before the Madlanga Commission without sufficient cause.
Making his judgement on Wednesday, Magistrate Marc Curlewis ruled that the State had failed to establish that Carrim’s release would endanger the public, lead to further offences or undermine the criminal justice system.
“Although the applicant’s previous non-attendance before the Commission is concerning, the court does not determine his guilt in the present proceedings during [the] bail application,” Curlewis said.
He found that the risks identified by the prosecution could be addressed through stringent bail conditions designed to ensure Carrim attended court and complied with his legal obligations.
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Carrim must surrender his passport and any other international travel documents, report weekly to the police and remain at his verified residential address in Mahikeng, North West, unless the court authorises a change.
He may not leave South Africa without the court’s prior written permission or obtain replacement travel documents without its approval.
He is also prohibited from travelling outside his magisterial district without the investigating officer’s prior permission.
Carrim must attend all court proceedings unless expressly excused.
If he is medically unfit to attend, he must notify his legal representative and the investigating officer, provide supporting medical documentation and seek the court’s direction.
The court also ordered Carrim’s legal representative to contact the Madlanga Commission within 48 hours of his release to arrange his next appearance before the inquiry.
Failure to comply with any bail condition could result in a warrant being issued for his arrest and his return to custody.
Curlewis acknowledged the State’s concerns about Carrim’s previous failures to appear before the commission and his arrest at OR Tambo International Airport on 15 October while preparing to travel internationally.
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However, he noted that the State had subsequently confirmed the authenticity of Carrim’s return booking, which indicated that he intended to return to South Africa.
“The court accepts that possession of a return booking does not conclusively establish an intention to return. Nevertheless, its verification materially diminishes the inference that the applicant intended permanently to leave South Africa,” Curlewis said.
The court also considered Carrim’s residential and family ties to South Africa, his property interests and the verification of his residential address.
Curlewis found that the investigating officer had no evidence that Carrim had attempted to evade the criminal courts in the present case.
The magistrate further rejected the State’s argument that Carrim might commit further offences, noting that the investigating officer had based his assessment partly on previous criminal cases that had been withdrawn.
The officer conceded that the underlying dockets had not been investigated and that he could not provide evidence linking Carrim to interference in the withdrawal of those cases.
The bail ruling followed an earlier unsuccessful attempt by prosecutor Donald Shiko to reopen the State’s case to introduce additional information obtained after the evidence had closed.
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Shiko argued that the information was relevant to the court’s decision, citing a separate criminal case Carrim faces in Musina and properties allegedly owned by his wife that had not been disclosed during the bail proceedings.
The State argued that Carrim’s marriage in community of property meant his wife’s properties were relevant to assessing his circumstances and the risk that he would flee.
Carrim’s lawyer, Ulrich Roux, opposed the application, arguing that the State had failed to identify the proposed evidence before seeking permission to introduce it.
Roux also maintained that the separate Musina matter was unrelated to the charge before the Pretoria court and that the alleged property omissions did not affect the bail decision.
He accused the State of attempting to delay the proceedings, which had been postponed specifically for judgment.
But Curlewis dismissed the application, pushing for the ruling to continue.
“This court believes that the evidence placed before by the State will not affect the court’s decision in this matter and will not affect the court’s judgement,” he said.
Carrim will appear in court again on 8 December.
