Suliman Carrim's Bail Hearing: Lessons on Flight Risk
By Donda Attorneys Inc
Bail is not punishment. Every accused person is presumed innocent, and section 35(1)(f) of the Constitution gives an arrested person the right to be released if the interests of justice permit. The bail hearing of businessman Suliman Carrim in the Pretoria Magistrates' Court shows how quickly that right can be tested when an arrest happens at an airport departure gate. Our Managing Director, Melusi Xulu, discussed the matter on eNCA, and we set out the key lessons below.
The facts
Carrim was arrested at OR Tambo International Airport and charged with contravening the Commissions Act after failing to appear before the Madlanga commission of inquiry. He testified on 9 and 10 March 2026 but did not return for hearings in April, June and July, citing medical reasons. Border Management Authority officials flagged his passport before he could board a flight to Dubai, and police were called.
The State opposed bail on the basis that he may not return. It described his luggage as voluminous and pointed to properties he owns in Johannesburg, Cape Town and the North West, arguing these could make him difficult to trace. Carrim told the court the trip was a doctor-advised pilgrimage linked to panic attacks and blackouts, and insisted he had a return ticket and would be back on 27 October. SAPS later confirmed that he did have a return ticket. The matter was postponed to Monday, 19 October, for the investigating officer to verify his tickets and address, and he remains in custody at Kgosi Mampuru until then.
Lesson 1: Flight risk is decided on evidence, not appearances. Section 60(4)(b) of the Criminal Procedure Act asks whether an accused is likely to evade trial. Section 60(6) lists the factors: ties to family, community and work; assets; travel documents and the means to leave the country; whether the accused can afford to forfeit bail; and the seriousness of the charge. Luggage and a flight to Dubai make headlines, but the court must weigh them against an accused's income, family, property in South Africa and the nature of the offence.
Lesson 2: Past conduct carries weight. The State's strongest point is the repeated failure to appear before the commission. A court will naturally ask: if he did not attend when summoned, why would he attend trial? Anyone facing a summons or court date must treat attendance as a priority. Each missed date can be used against you later.
Lesson 3: Bring your documents on the first day. This postponement turned on proof the defence could have had ready: a verified return ticket and a confirmed residential address. Section 50(6)(d) allows the State to ask for a postponement of up to seven days to complete bail investigations. Being prepared can save a client days in custody.
Lesson 4: Think carefully before testifying. Carrim gave evidence in person and was cross-examined. Under section 60(11B)(c), what an accused says during a bail application may be used against him at trial. In many cases a carefully drafted affidavit is the safer choice.
Lesson 5: Bail conditions offer a middle road. Where the risk is real but manageable, the court can order the surrender of a passport, regular reporting at a police station, or a higher bail amount. Defence lawyers should propose these conditions themselves rather than waiting for the court to raise them.
As our Managing Director often says: "Grandson, no matter how thin they make a pancake, it still has two sides to it." A pilgrimage and an attempt to leave the country can look the same at an airport. It is the evidence that must decide which story the court accepts.
Donda Attorneys Inc. | Durban | MelmothI Middelburg
This article is for general legal education and does not constitute legal advice. For assistance with a bail application or any criminal matter, contact our offices.
BREAKING:
Lieutenant General Shadrack Sibiya no longer with SAPS:
The South African Police Service (SAPS) has confirmed that Lieutenant General Shadrack Sibiya’s employment has been terminated with immediate effect from 12 October 2026.
Sibiya tendered his resignation through his legal representative shortly after his disciplinary hearing commenced on Monday morning.
Because he resigned while facing an ongoing disciplinary case, SAPS says his departure is regarded as a dishonourable discharge.
Just quickly going to the village to collect my Paul O’Sullivan files I left under the mattress and I would be back in a minute.
Fasten your seat belt while waiting for the show to begin. #TheNakedTruth✊🏿
[DISMISSED] Brigadier Rachel Matjeng has been DISMISSED from the South African Police Service with effect from 30 June 2026.
The dismissal follows the conclusion of an internal disciplinary process in which Brigadier Matjeng was found guilty on multiple counts of serious misconduct arising from her relationship with alleged underworld figure Cat Matlala.
Among the charges on which she was found guilty are:
• Accepting gratification;
• Money laundering;
• Improper conduct by advising Matlala against the interests of the South African Police Service;
• Conduct prejudicial to the administration of the SAPS by providing Matlala with a list containing details of SAPS members with the intention of deriving a financial benefit; and
• Dishonesty.
#MadlangaCommission
Against all odds, Congratulations to Mahlomola James Makoloane on graduating with a Bachelor of Arts in Forensic Science and Technology.
His achievement reflects dedication, perseverance, and a commitment to excellence. May this milestone open doors to new opportunities and inspire others to pursue their dreams.
Congratulations on this remarkable success!
#2026UnisaAutumnGrads #Unisa150andBeyond #CircleOfExcellence
BREAKING:
Gauteng Traffic Police Chief Inspector Samuel Mashaba has been
placed on precautionary suspension pending the conclusion of a formal
disciplinary process.
The decision follows testimony provided by Chief Inspector Mashaba before the Madlanga Commission during which he made admissions
relating to conduct that may constitute serious breaches of the Public
Service Code of Conduct, departmental policies, and applicable laws
governing public servants.
The admissions include allegations relating to:
• The misuse of official powers entrusted to him as a law
enforcement officer;
• The misuse of departmental tools of trade and state resources;
• The acceptance of compensation from a member of the public in
circumstances that raise concerns regarding conflicts of interest
and ethical conduct.
@eNCA
[COMMENT]
The Madlanga Commission, chaired by Justice Mbuyiseli Madlanga, is set to resume its hearings tomorrow, marking an important continuation in efforts to uncover the truth behind serious allegations affecting governance and accountability.
Like many commissions of inquiry in South Africa, its role is to gather evidence under oath, test the credibility of witnesses, and determine whether wrongdoing has occurred, while also identifying those responsible and recommending further action.
Up to this point, the commission has already heard key testimony from witnesses, including insiders and whistleblowers, some of whom may have made serious allegations implicating individuals or exposing broader networks.
These testimonies are often supported by documents or other forms of evidence, but they are also rigorously tested through cross-examination, where legal representatives challenge inconsistencies and defend those accused.
This process has strengthen the case being built or expose weaknesses in the claims presented.
At the same time, proceedings have attracted public and media attention, placing pressure on those implicated and shaping broader public discourse.
As the hearings resume, attention will turn to who takes the stand next and what new evidence may emerge.
High-profile witnesses, including senior officials or politically connected individuals, have been called to respond to allegations.
The introduction of new evidence, such as financial records or communications, could shift the direction of the inquiry significantly.
Where conflicting versions of events arise, the commission will focus on assessing credibility, a crucial factor in determining the weight of the evidence.
Although the commission itself does not have the power to prosecute, its findings can have serious consequences.
It may recommend that matters be referred to the National Prosecuting Authority or other law enforcement bodies for further investigation and possible criminal charges.
In addition, its findings could lead to disciplinary action, resignations, or reforms within affected institutions.
The Commission’s term has been extended to 31 August 2026. A second interim report is due by 29 May 2026, with the final report submission deadline moved from March to August 2026.
Several high-profile figures, including police officials, have already testified at the Commission.

They include:
•Lt-Gen Nhlanhla Mkhwanazi: The KZN Police Commissioner was the first witness, delivering explosive testimony about political interference, the compromising of the SAPS, and the alleged infiltration of a "Big Five" criminal cartel.
•Gen Fannie Masemola: The National Commissioner of SAPS appeared in September 2025.
•Lt-Gen Dumisani Khumalo: The suspended head of Crime Intelligence detailed the "Big Five" cartel, a Pretoria-based drug syndicate, and alleged payments to individuals.
•Major-General Lesetja Senona: The KZN head of the Hawks testified regarding his relationships with business figures and the seizure of his electronic devices.
•Brigadier Rachel Matjeng: The SAPS Quality Management section head was also questioned regarding a romantic relationship with a business figure linked to a massive SAPS tender who has since been arrested.
•Suspended Deputy National Commissioner, Lt. Gen Shadrack Sibiya.
•Sgt Fannie Nkosi (who is expected in court tomorrow on firearm related charges)
•Suspended Police Minister, Senzo Mcunu.
•EMPD officials including deputy chief, Julius Mkwanazi.
•Marius van der Merwe ("Witness D")
-A security industry figure who provided testimony on an alleged coverup of a torture and murder case before being killed in December 2025.
•Suleiman Carrim: A businessman who testified about financing Vusi “Cat”
Matlala and will be back in the stand this month.
•Controversial North West “fixed” Brown Mogotsi has also testified and is expected to return.
[CONTRACT RENEWAL FINALISED] Lieutenant General Nhlanhla Sibusiso Mkhwanazi, to be the Provincial Commissioner of KwaZulu-Natal for a further five-year term.
APPOINT GEN. NHLANHLA MKHWANAZI AS ACTING NATIONAL POLICE COMMISSIONER NOW!
Masemola is not being accused of CORRUPTION! IDAC is dragging him to court over PFMA violation.
The objective is to have Ramaphosa remove him. Once removed, the hope is that Khumalo & Mkhwanazi will be exposed. No one protecting their work anymore.
This was always the Original mission with Mchunu’s illigal disbandment of the PKTT: To render criminal investigations of organised gangs and their collaborators in the high echelons of SAPS.
Ramaphosa has a duty to defend the credibility of the criminal justice system!
What should he do:
1. Suspend Masemola
2. Suspend the head of IDAC
3. PUT NHLANHLA MKHWANAZI AS ACTING NATIONAL POLICE COMMISSIONER NOW!
The criminals MUST NOT WIN!
Hands Off Gen. Mkhwanazi! A society that doesn’t protect whistleblowers is doomed to become a mafia state! They have already killed Babita. What do you think they will do to Mkhwanazi?
He must be shielded from all petty, egotistical, pompous & parasitic attacks!
All who try to reduce his mission to “personality fight ”, or even factions within the SAPS are all wrong. Journalists, politicians & many experts have been peddling of this line.
What this line seeks to do, is to neutralise the correct momentum against SAPS generals who have protected, advanced & benefitted from organised criminals with the endorsed of top politicians.
Mkhwanazi’s mission is simple: Organised criminals are embedded with top politicians & top generals, and they must all be exposed and meet the full might of the law!
Fact: All who oppose Gen. Mkhwanazi are not with the people! That is the bottom line!
If Mkhwanazi doesn’t win this battle, which is a peoples battle, then ours will become a banana republic, a mafia state ruled by men with guns!
Society must defend itself!
[COMMENT]
Lieutenant-General Nhlanhla Mkhwanazi is National Commissioner material. His years of experience in policing, his operational leadership, and his deep understanding of crime intelligence and investigations set him apart.
He is not a desk-bound officer — he has consistently demonstrated a hands-on approach to policing, taking decisive action in high-pressure situations.
At a time when public trust in law enforcement is under strain, leaders who combine discipline, integrity, and real-world experience are exactly what the country needs.
Mkhwanazi’s track record in tackling serious and organised crime, as well as his willingness to confront difficult issues within the system, speaks volumes about his leadership capacity.
He understands the complexities of policing in South Africa and has shown that he is not afraid to act.
South Africa needs strong, credible, and experienced leadership at the highest level of the police service.
On merit, Lieutenant-General Mkhwanazi fits that profile.
RT if you agree…
Many people drowned simply because they didn't know this:
If you find yourself underwater inside a car, don't panic. Do the following:
1. Don't try to open the door.
2. Do not open the window, the force of the water entering the car will not allow you to get out.
3. Pull the headrest out from the seat.
4. Use the steel spikes to break the rear window and remove the glass.
The car, by design and engineering, is made to float on water, and the rear window will always be facing outwards.
This could save your life.
Thanks me later.
The @npclub today opened nominations for “Newsmaker of the Year”- 2025.
I have nominated Lieutenant General Nhlanhla Mkhwanazi, KZN Police Commissioner.
I doubt there can be any other winner!!
RETWEET if you agree that he should be given the “Newsmaker of the Year” title.
1.Shoprite has stamps you buy from R20 or put R200 a month it will give R2200 in November.
2. Pep money account R20 a day and it will give you R7200 on 31 December or R50 a day.
3.Some butcheries offer cards that you can top up from as little as R20.
3. Gift cards from Mr.Price, Woolworths ect you can top up and use to buy kids clothes in December.
4. Maĺls have gift cards that you can top up and buy in any store around your mall in December.
5. Building material; Build it has a card that you top up and use it whenever you feel you have enough building material you need to build your home.
Lets fight poverty and use the little we have wisely.
Thank you.
We lost a member, our range officer, the man who taught many of our students how to shoot.
Brother, we will find them and bring them to justice. We have no sympathy for evil criminals.
We are now one member down.
If your man or brother comes to you with stolen items from Cash Crusaders or boasts about their success when you know they don’t work, know that they killed our brother. We will find them.
😔 😟
South Africa successfully hosted the G20 Summit in Johannesburg last month, which has been highly commended by the international community. The G20 has long been committed to solidarity, cooperation and equal-footed consultation. As a founding member of the G20, South Africa has attended all previous summits and has all along played an important role in the group.
China supports South Africa in continuing to participate in G20 cooperation. We look forward to working with South Africa and all other G20 members to uphold multilateralism, promote world economic growth and improve global economic governance.