A controversial Durban businessman and his co-accused have been granted bail in connection with a human trafficking and sexual assault case involving four Johannesburg women.
The decision was handed down by Magistrate Sharon Marks in the Durban Regional Court on Wednesday afternoon, following a two-day bail application.
The accused face several charges linked to the 2022 rescue of four women from a house in Durban North. The women were allegedly lured from Johannesburg with promises of legitimate employment.
In delivering her judgment, Marks acknowledged the seriousness of the allegations, which include human trafficking and sexual assault. However, she stressed that bail is not intended to serve as a form of punishment.
The magistrate said the accused had presented evidence demonstrating exceptional circumstances that justified their release on bail.
Marks also placed considerable weight on the approximately four-and-a-half-year delay in finalising the investigation, criticising the state for failing to provide a satisfactory explanation for the delay.
The court considered concerns raised by the state that the accused could interfere with witnesses or the ongoing investigation. However, Marks ruled that these concerns could be addressed through strict bail conditions.
She noted that, given the length of the investigation, the accused would arguably have already had ample opportunity to interfere with the case if they intended to do so.
Accused number one was granted bail of R50 000, while accused number two was granted bail of R100 000.
Both men were ordered to surrender their passports and report to a police station twice a week. They have also been prohibited from contacting any witnesses, either directly or indirectly.
Marks warned the accused that violating any of the bail conditions could result in a warrant being issued for their arrest.
Earlier on Wednesday, proceedings became heated after allegations of threats emerged during the bail application.
The investigating officer, Karl Stander, was cross-examined by Niven Rai, the lawyer representing accused number two.
Rai questioned Stander about whether his client had cooperated with police following his arrest earlier this month.
Stander said the accused had not cooperated and alleged that he had told him his family was in danger. The investigating officer said he interpreted the statement as a possible threat or warning relating to the safety of the accused's family should he cooperate with authorities.
Stander told the court that the conversation took place while accused number two was smoking a cigarette in the Durban North police cells.
He said he subsequently spoke to the accused's lawyer and requested an affidavit confirming the alleged threat. According to Stander, the affidavit was never provided and the accused subsequently remained silent.
Rai later approached his client before returning to tell the court that accused number two denied making the alleged statement.
Stander requested that the recording of the conversation be played again in court. He also suggested that accused number two could be used as a scapegoat for the actions of the other accused in the case.
During the exchange, Stander referred to the alleged threat with the words, "Your family goes down first, then you."
Rai subsequently requested a short break in proceedings.
The allegations are part of a broader case involving six accused.
In an affidavit presented to the court on Tuesday, the older co-accused alleged that accused number two, who was his driver at the time, arranged for the four women to be brought from Johannesburg.