The state painted National Coloured Congress leader and MP Fadiel Adams as a “constitutional delinquent” who gave the law the middle finger during his bail application in the Pinetown magistrate’s court on Wednesday.
Adams was arrested in the Western Cape and brought to KwaZulu-Natal last week, where he is facing three counts of fraud and two of defeating the administration of justice.
Magistrate Wendalyn Robinson adjourned the bail hearing to Friday after a full day of arguments by the state and defence.
The state says that in November 2024 and January 2025, Adams misrepresented himself to various authorities when he visited Sibusiso Ncengwa, one of two hitmen who pleaded guilty to firing shots at ANCYL secretary-general Sindiso Magaqa in 2017, as well as former Political Killings Task Team (PKTT) member Capt Bonginkosi Dlamini, another awaiting trial prisoner who was fingered for accepting a bribe to derail the September 2018 investigation into the death of ANC leader Thulani Lawrence Nxumalo.
State prosecutor Nokulunga Ngcobo presented the state’s opposition to bail based on an affidavit from investigating officer Sgt Sandile Mavuka of the PKTT, who confirmed Adams had previous charges against him, including defamation.
They cited a 2023 case brought by the City of Cape Town municipal manager in which he was ordered to remove an offensive social media post by the equality court but did not.
Instead he made another post in which he was verbally abusive and refused to accept the judgment, saying “f#@k the court”.
“The National Prosecuting Authority intervened and there was mediation between the parties, which led to the charges being withdrawn. This has not stopped the applicant from making reckless statements without facts despite his past conduct. He continued calling people names and using language that may be interpreted as insulting and defaming people’s characters.
“It all depends on those he labels and defames to open cases against him.”
The state argued that if Adams was released he could influence or intimidate witnesses or destroy evidence.
The state said when he learnt of his impending arrest Adams did not hand himself to police. Instead, he posted a video on social media, admitting to knowing about the warrant and insulting PKTT leaders, calling them criminals.
The state played video clips in which Adams was seen lambasting police, accusing them of being corrupt and killing people.
“The applicant’s utterances and conduct indicate his resentment against the PKTT team. He is currently charged with interfering with matters under investigation by the PKTT team. He has, on numerous occasions, made public comments that may be viewed as defamation of character against the PKTT team and people he perceives as linked to the PKTT team,” argued the state.
“The video clips we played in this court are evident to that. There is all likelihood that he will continue doing so.”
The state argued that, should Adams be released on bail, he would attempt to evade trial.
“The applicant’s conduct after he was made aware of the warrant for his arrest is indicative of someone who is prepared to evade trial. It took a lot of effort to trace him. He deliberately switched off his phone when outside the parliamentary precinct.
“His own attorney struggled to get hold of him. He himself mentioned in one of the video clips that he is a fugitive and even linked himself to the well-known actor Harrison Ford in the movie The Fugitive. He made fun of the SAPS and the criminal justice system. The charges he is facing are indicative of that.”
They said police having difficulty in finding him at several home addresses linked to him was indicative of someone who did not want to be traced.
The state argued that if Adams were released he would influence or intimidate witnesses or destroy evidence.
“The applicant, upon learning of his imminent arrest, contacted a state witness several times, whom he knew was involved in the matter. He wanted the witness to send him a statement that he had made to the police in this investigation.
“Even before his arrest, the applicant already interfered with the state witnesses and demanded a sworn statement that the witness made to the police.
“It is well-established knowledge that the applicant was in possession of classified crime intelligence. He alleges that the same was put under his door and he found it there. Whether this is true still stands to be proven. The fact is that he was in possession of classified information.”
The state denied Adams’ claims that Lt-Gen Dumisani Khumalo was behind Magaqa’s killing.
KZN deputy director of public prosecutions, Lawrence Gcaba, also took the stand to confirm the state had proved four of the five arguments not to award Adams bail.
Adams’ legal representative Yuri Gangai told the court his client’s continued incarceration could lead to him losing his MP’s salary and worsening his medical condition.
He said Adams was not a flight risk as he has a parliamentary address and that the state had not presented evidence that he would evade justice or that his release would result in public anarchy.
Adams said he could afford R20,000 bail.
TimesLIVE
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