Durban businessman alleged his name came up at the Madlanga Commission and this was linked to his arrest

A prominent Durban businessman facing 20 charges, including human trafficking and sexual assault, told the Durban Magistrates’ Court that his arrest was unlawful, demanding that the State hand over the affidavit used to obtain the warrant for his arrest.

A prominent Durban businessman facing 20 charges, including human trafficking and sexual assault, told the Durban Magistrates’ Court that his arrest was unlawful, demanding that the State hand over the affidavit used to obtain the warrant for his arrest.

The 65-year-old businessman is applying for bail following his arrest earlier this month.

He cannot be named because he has not yet formally pleaded to the charges.

In an affidavit read in court by his lawyer, Advocate Paul Jorgensen, the businessman alleged that his name came up at the Madlanga Commission and that this was linked to his arrest.

He described the State’s case against him as weak and denied that his release on bail would pose any risk to witnesses or the public.

He said there was no evidence that his release would cause public disorder or rage in the community, and that he could not interfere with witnesses because he did not know who they were.

The businessman said he had not been provided with the docket and believed the evidence remained in police custody. His cellphone was also in the possession of the police, he said.

He told the court that he had no pending criminal matters but disclosed previous convictions, including for dealing in Mandrax and culpable homicide.

The businessman argued that more than 10 years had passed since those convictions and asked the court not to take them into consideration.

He said he had six grandchildren, no family outside South Africa and had never relocated from the country. He disclosed that he had travelled to India in June and later to Thailand for medical reasons, but said he had no funds abroad.

A medical report compiled by a doctor who consulted with him twice at Westville Prison stated that his health could deteriorate if he did not receive specialised medical care.

The accused further told the court that he intended to plead not guilty to all 20 charges and had a history of complying with bail conditions without evading trial.

However, investigating officer Warrant Officer Clark Saunders opposed bail, telling the court that it was in the interests of justice for the businessman and his co-accused to remain behind bars.