Arthur Brown will stay in jail pending a ConCourt application for leave to appeal

Arthur Brown is staying behind bars.

Lawyers for the Fidentia fraudster told Judge Tandazwa Ndita in the Cape Town High Court yesterday that they would withdraw a bail application pending a Constitutional Court decision about leave to appeal.

Ndita accepted the withdrawal but said the defense should have done research to establish whether the high court had jurisdiction on matters decided by the Supreme Court of Appeal.

Eric Ntabazalila, spokesman for the National Prosecuting Authority in the Western Cape, said Brown's legal team launched an application in the Cape High Court to have him released on bail in December even though the court did not have the jurisdiction to rule on the matter.

Last year the founder of the Fidentia Group was convicted of two counts of fraud. His sentence was a fine of R75 000 or 18 months in prison — suspended for four years — on both counts.

The NPA successfully appealed  against the sentence in the SCA, and it was increased to 15 years behind bars.

Brown has approached the Constitutional Court to overturn the new sentence but the court is yet to decide on whether his case will be heard. In the meantime he wants to be freed on bail.

Ntabazalila said:  “The decision by the SCA is binding to the High Court and the High Court has no jurisdiction to override or make judgment on an SCA ruling.”

Browns lawyer Advocate John Louw, who made the initial application said that the urgency of the application had caused the oversight.

“[The application] came to me at the 11th hour and before Christmas,” said Louw.

“Even the prosecutor admitted to missing the jurisdiction issue initially.”