03/09/2026
DO YOU THINK ITHAT IF SARS'S APPLICATION BEING GRANTED WILL MAKE IT DIFFICULT FOR THE ACCUSED BEFORE COURT TO BE GRANTED BAIL?
Yes - but a SARS preservation order granted TODAY will make bail MUCH harder for them.
Here is why, in this specific case:
*Bail is decided on different test than SARS case, but they affect each other:*
Bail court in Polokwane is asking: Are they flight risk? Will they hide assets? Will they intimidate witnesses?
SARS / AFU preservation order answers that for the State.
If SARS order is granted today:
1. *Prosecutor gets stronger argument against bail:* State already said Tibana allegedly moved money to sister Rirhandzu Tibana and stokvel account. If SARS freezes that G63 R1.65m, the houses, and the stokvel - Prosecutor Martin Molokwane will tell Magistrate: "See, we were right, they were hiding proceeds. If we release them, more money will disappear."
2. *But bail can STILL be granted with conditions:* Even with R4m+ and now 43 charges, Magistrate can grant bail if defence shows:
- They have fixed address
- They will surrender passports
- They won't touch estate accounts (Tibana's stewardship is already suspended)
- R80k/week income means they can pay high bail amount
The defence team is now presenting new arguments after State closed its case with 4 Hawks witnesses. That is normal.
*My read of this case:*
- Without SARS order: 50/50 chance for bail, but very high amount (R200k+ each) + strict conditions
- *With SARS preservation granted today: 20% chance*, and if granted, bail will be extremely high + they must report to Hawks weekly + cannot access any bank account except for legal fees
Because court already heard Nonyane earns R80k weekly outside TMPD - that alone makes Magistrate worry they can afford to flee.
Are you following the bail hearing today? The court was expected to continue this Wednesday/Thursday.
