Gagash, wife seek to be released while facing dozens of charges

A bail battle is unfolding in the Polokwane Magistrate’s Court, where two accused are seeking their release while facing dozens of charges linked to the alleged theft and laundering of money from deceased estates.

Defence counsel, Advocate Hlawu Maluleke, argues that the strength of the State’s case should not be used to keep the accused behind bars before trial, insisting that bail is intended to secure an accused person’s return to court, not serve as a form of pre-trial punishment.

Attorney, Charlotte Tibana and Tshwane Metro Police Department (TMPD) officer and social media personality, Peter “Gagash” Nonyane, face 43 charges relating to the alleged misappropriation of funds from the estate accounts of five families.

The defence maintains that both are first-time offenders with no history of violating bail conditions.

“The bottom line is, the main purpose of a bail application has been, and will always be, to ensure the reappearance of the accused in his subsequent trial, not the guilt or the innocence of the accused that needs to be pronounced on.

What we are saying is, as guided by the case of S v.

Hirschisen, bail cannot be refused as a form of anticipatory punishment.

If at all the state alleges that it has a strong case, which is denied, even if that case might be strong, bail cannot be refused in anticipation that in future this party might be convicted,” adds Maluleke.

“Now, with regard to the aspect of this improper motive, we submit that as far as the applicants are concerned, the court should grant them bail.

They have first brushed with the law.

They have not violated any conditions that the court might refer to, even if other matters may be raised by the state.

The bottom line is that, as far as we are concerned, they appear before you as the innocent, and all that you need to determine is, regardless of what the evidence might be and which evidence will be subjected to trial proceedings, whether or not the applicants will attend their trial,” Maluleke concludes.

Video| TMPD officer Peter ‘Gagash’ Nonyane and wife Charlotte Tibana bail hearing – 03 September 2026