Home affairs fraud accused gets bail

Published Jul 20, 2015

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Pretoria - The Specialised Commercial Crimes Court in Pretoria on Monday released a home affairs assistant director for immigration affairs who was arrested for corruption, while his “client” was remanded.

Magistrate Martin van Wyk ruled that Elisha Nkhabu Matsipa be released on R1 000 bail, while Pakistani national Wahdat Hussain, 30, who fraudulently obtained a South African passport, identity document and a marriage certificate “did not come close to making a case for being released on bail”.

The duo initially appeared together but their bail applications were handled independently. First up, Prosecutor Avinash Rampararat said Matsipa’s Johannesburg address had been verified and the investigating officer would be able to locate the senior home affairs staffer.

The 44-year-old father of two was arrested last week after he allegedly assisted Hussain to secure a South African identity documents.

Preliminary police investigations had revealed that Matsipa received an amount of R23,000 from Hussain.

In his affidavit, read out by attorney Ash Irpal, Matsipa said he would plead not guilty to the charges when the trial begins.

“I earn a gross salary of R28 000 per month which I share with my family. Since my arrest, I do not know how they are surviving,” said Matsipa.

“If I continue to be incarcerated, I will suffer financial ruin and my family will be directly affected since I am the breadwinner. Furthermore, if I do not return to work soon, I will suffer and eventually lose my job, my family, my property and my reputation.”

Matsipa said he had assets to the tune of R3 million which included a house, a car and other movable property.

He told the court that he had neither previous convictions nor pending cases.

Rampararat said however the State had a formidable case against Matsipa.

As part of the bail conditions, Matsipa was ordered not to interfere with State witnesses. He was also instructed not to go to his Pretoria central home affairs workplace before the matter resumes in August.

After an adjournment, Rampararat told the court that Hussain posed a flight risk and should not gain freedom. He said police arrested the Pakistani national after intercepting him at the OR Tambo International Airport on July 6.

Rampararat also told the court that there were pending cases of fraud and rape against Hussain. He is on bail on those matters.

Hussain’s representative, Hugo van der Westhuizen, however argued that his client had previously travelled out of South Africa and returned – with the fraud and rape charges pending. He said when Hussain was intercepted at the port of exit, travelling with his wife, he was on a religious pilgrimage to Mecca.

“There was nothing sinister about that trip as it had the blessing of the police. Will he stand trial? He has shown that he will, because in the other cases, he religiously attends court after he was released on bail,” said Westhuizen.

He said his client also abides with bail conditions “religiously”.

The fraud and rape charges date back to as far as 2009, said Westhuizen.

Rampararat argued that Hussain understood that the case against him was strong and had motivation to skip the border.

“The (bail) applicant has contacts at home affairs, your worship. Even though his passport is with the police or courts, he can easily acquire other travel documents and leave the country,” said Rampararat. He read out a statement by the investigating officer, Lieutenant Charles Neven who strongly opposed bail.

Hussain and Matsipa are scheduled to meet again in court next month.

ANA

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