Ex-crime intelligence officer 'KGB' Tshabalala granted bail
Former crime intelligence officer Morris “KGB” Tshabalala has been granted bail of R5 000.
Tshabalala appeared in the Pretoria Specialised Commercial Crimes Court on Thursday and was successful in his second bail application based on new facts.
The new facts arise from cellphone conversations between Tshabalala’s instructing attorney Mpesi Makhanya and Cedric Nkabinde, the suspended Independent Police Investigative Directorate (Ipid) officer who was investigating Tshabalala’s matter.
Makhanya claimed that Nkabinde contacted him on June 20 and told him that his client should be released on bail because his matter was of a political nature.
Makhanya further alleged that Nkabinde told him he would be willing to testify to this effect if he was subpoenaed to do so by the court of law.
However, Nkabinde denied this claim in an affidavit and said he contacted Makhanya to arrange logistics for Tshabalala on the day he was scheduled to appear in court. Advocate Chris Smith, the prosecutor, found that Nkabinde misled the court in his affidavit by failing to disclose one of three calls that he made to Makhanya on June 20. This came after Smith subpoenaed cellphone records of both Makhanya and Nkabinde.
Magistrate Nicola Setshoege granted Tshabalala bail on the basis that evidence contained in Nkabinde’s founding and opposing affidavits could not be trusted. Nkabinde was expected to testify in court on Thursday to clarify whether he indeed told Makhanya that his client should be released on bail.
He failed to come to court and sent an e-mail to the magistrate and a WhatsApp message to Smith informing them that he would not be able to attend court proceedings because “he did not feel safe in the hands of Ipid”.
Setshoege postponed the matter until October 1 for further hearing.
Tshabalala is facing charges of fraud, theft and corruption relating to the submission of alleged fraudulent invoices for R563 005 for blinds and curtains for safe houses in Pretoria. Despite having two criminal convictions for armed robbery and master-minding a cash-in-transit heist, Tshabalala had the highest police clearance and was employed by the crime intelligence unit.