Popular TV and film producer Duma Ndlovu is out on bail after spending the night in a holding cell. He was granted bail of R100, 000 and instructed not to communicate with any state witnesses.
The film maker had appeared in the Johannesburg Specialised Commercial Crime Court sitting in the Palm Ridge magistrate’s court on Tuesday. He faces charges of fraud and tax evasion.
Ndlovu is accused of defrauding the taxman of R25-million. Ndlovu had handed himself to the police at Brackendowns.
He was then transported to Katlehong police station, where he spent the night in the police holding cells. Ndlovu is the producer of popular TV shows such as Muvhango, Umkhokha: The Curse, and Queen Modjadji.
Two co-accused
The prolific producer joined his two co-accused in the case. On Monday, Maxwell Mloyi and Rodney Mutsharini appeared in court to face similar charges as Ndlovu. However, their case was postponed to Tuesday.
Ndlovu is charged with fraud and tax evasion. The criminal activities were allegedly committed for many years due to failure to declare his income. This is the income he made through his businesses, which he chose to hide from Sars, as he was supposed to pay tax.
Drama played itself in court when Ndlovu’s lawyer, Andrew Kruger, asked the court to bar media from the proceedings. He cited that broadcasting of his client’s bail hearing by media houses should be prohibited by the court.
His arguments resulted in the attorneys of Ndlovu’s co-accused also requesting that the matter not be broadcast. This despite the two accused not being known in the public space.
Kruger argued that the matter should not be broadcast live on TV, claiming that his client’s rights would be infringed.
Plea to bar media from court denied
Prosecutor Advocate Ronitha Singh argued that Ndlovu’s matter was of public interest. And that the media should not gagged.
Magistrate Ashika Ramlal said that there were options to be followed for the coverage of the bail application.
“It is not my intention by means of [gagging] the media on matters of public interest. I have considered that as the accused is a well-known TV producer or being in the public space. And I applied my mind that the recording could be done but the audio shouldn’t be allowed. As there is confidential information that might need to be kept private.”
Ramlal allowed for recording of the bail application.
Ndlovu’s fraud and tax drama stems from his events, communications, and project management company, Ambrobrite.
Ndlovu implicated in state capture commission
Information at the state capture commission chaired by the former chief justice, Raymond Zondo, implicated Ambrobrite. It revealed that Ambrobite was paid more than R3.5-million by the controversial Bain SA. The payment was for connections to top political figures. And these included communication and links to procurement officials.
Ndlovu’s attorney proposed to court that his client was not a flight risk. As such, he would appreciate it if he was granted bail.
He pleaded not guilty to the chargers. The state did not oppose bail.
Appearing worn out, Ndlovu was granted bail of R100, 000. He was further told that he should not communicate with any state witnesses.
Ndlovu was instructed to report to the Sandton police station every Monday and Friday. His passport was confiscated.
Co-accused out on R50k bail each, with conditions
Mtsharini and Mloyi were both granted bail of R50, 000 each. Both accused were also told not to speak to witnesses. They also have to report to the Randburg police station and Germiston police station, respectively. This was based on the addresses of their residence.
They were also told to hand in their expired passports to the investigating officer.
The case was postponed to November 11.
