The five men arrested in Limpopo last year - Gonzales Jorge, Gutierrez Lopes, Frederick Botha, Simphiwe Khumalo, and Ruben Rodriguez - at the Groblersdal District Court.
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THE FARM owner arrested by the Hawks after uncovering a R2 billion clandestine drug-manufacturing laboratory in Limpopo has been granted R50,000 bail after spending eight months behind bars since July last year.
Frederick Botha, 67, was arrested alongside Mexican nationals Jorge Humberto Gonzales, 51, Alejandro Gutierrez Lopez, 43, Ruben Vidan Rodriguez, 44, and a 35-year-old South African, Simphiwe Melvin Khumalo, for manufacturing, dealing, and possession of illicit drugs.
At the time of their arrests, the Hawks’ Serious Organised Crime Investigation unit, with the assistance of the police’s Tactical Response Team, indicated that they searched four structures on the property and large quantities of chemicals used in manufacturing illicit drugs, including acetone and crystal meth with an estimated street value of R2bn, were recovered.
At the property, the police seized drugs, methamphetamine, and crystal meth weighing 408.95kg in total and valued at approximately R1bn.
The police also alleged that the Mexicans, who abandoned their bail application, were members of the Sinaloa Cartel, while the two South Africans were denied bail by the Groblersdal District Court.
Aggrieved by Magistrate Bogi Mashele’s refusal to grant him bail, Botha approached the Limpopo High Court, where Acting Judge Monare Makoti upheld his appeal of Mashele’s refusal to grant bail and set it aside.
Acting Judge Makoti granted Botha R50,000 bail this week and ordered him to surrender all his travel documents (passports) to the investigating officer if he has not already done so.
Bail conditions include that Botha shall attend court on the day after his release for determination of the date on which the criminal case is postponed and, thereafter, shall remain in attendance until such time as the matter is finalised.
”He shall stay with his daughter in Pretoria and shall not leave the Pretoria metropolitan area save for the purpose of attending the trial and, in any such circumstance in which the appellant (Botha) has to temporarily leave Pretoria, for any reason, he shall inform the investigating officer of the place which he is going to visit and the duration of such visitation,” the acting judge ordered.
Botha was warned that should he fail to attend any court session on a date and time appointed, or should he fail to remain in attendance at trial or such other proceedings as he may be required, he may be dealt with in terms of the Criminal Procedure Act (CPA).
The CPA states that should an accused fail to remain in attendance at such trial or such proceedings, the court before which the matter is pending shall declare the bail provisionally cancelled and the bail money provisionally forfeited to the state and issue a warrant for the arrest of the accused.
In his appeal of Mashele’s decision, Botha complained that the magistrate refused him bail on unsound and speculative reasoning when he stated that he was a flight risk and that the offence affected the country’s economy.
In addition, he said Mashele erred in finding that he did not demonstrate that the State had a weak case against him.
Acting Judge Makoti found that Mashele ignored the fact that Botha had a strong bond or relationship with his four daughters and that one of them offered her place to be his residence while the criminal case was running its course.
”This reflects an intention to not interfere with the work of the police or to jeopardise any evidence which the State will need during trial,” reads the judgment.
The farm, which is Botha’s permanent place of residence, has a farming business operation and is valued at about R4 million.
He told the district court that he rents out part of the farm for a rental fee of R15,000 a month, which he used to pay salaries and other personal needs.
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