Rirhandzu Tibana's lawyer argued that the proposed amount was unreasonable given her current financial circumstances.
Picture: iStock
A R100 000 bail proposal has been disputed by one of the accused in the fraud case involving Tshwane Metro Police Department (TMPD) officer Peter “Gagash” Nonyane and his wife, Charlotte Tibana, with her lawyer telling the court that she would struggle to raise the money.
The matter was back before the Polokwane Magistrate’s Court in Limpopo on Friday, 2 October 2026, where two recently arrested co-accused, Tibana’s younger sister, Rirhandzu Tibana, and Nonyane’s friend, Jabulani Maluleke, made their first bail applications.
The company Risima Jeje Trading Enterprise has also been added to the case as an accused.
Peter ‘Gagash’ Nonyane fraud case continues
Rirhandzu’s bail application became a point of contention after her lawyer, Hlawu Maluleke, challenged the state’s proposed bail amount of R100 000.
Limpopo Hawks investigating officer Constable Phuthisho Thobejane had indicated that the state would not oppose the release of both accused, citing that they were not flight risks.
However, Rirhandzu’s lawyer argued that the proposed amount was unreasonable given her current financial circumstances.
“The bail system is not a penal system,” the legal representative argued.
Maluleke told the court that his client, who is studying towards a Bachelor of Laws (LLB) degree, “doesn’t have the financial means” to pay R100 000.
He reminded the court that Rirhandzu had disclosed during proceedings that she was unemployed and no longer working at a law firm where she had previously been employed.
“If the state then says, ‘Pay R100 000,’ we submit that this will amount to anticipatory punishment. She will not be able to raise that money.
“She has already told this court openly that I am unemployed at this moment in time.
“She even gave a version that I was employed at this particular law firm, and now I’m unemployed.”
Her lawyer submitted that she could only afford R5 000.
State raises questions about Ford Raptor
In further support of the bail application, Maluleke argued that Rirhandzu had no previous convictions or pending criminal cases.
He also told the court that she had cooperated with investigators and voluntarily presented herself to the authorities after being contacted about an arrest warrant.
“As soon as the investigating officer, on the 26th of September 2026, gave her a call to say, ‘We are looking for you on the basis that you also informed us that we should call you when we need you. We now have a warrant for your arrest.’
“She immediately availed herself the next morning, as per the agreement with the state,” he said.
He added: “If there were attempts to run away, she would have done so at that particular moment”.
The state, however, questioned her financial position, raising concerns about how she was managing to pay for a Ford Ranger Raptor.
“If they paid an amount to the tune of R100 000 somehow, they may afford to forfeit that amount, and we are of the view that accused three is paying for a Ford Raptor motor vehicle,” the prosecutor said.
The court is expected to deliver judgment on the bail applications when proceedings resume on 8 October 2026.
Millions allegedly taken from deceased estates
The case centres on allegations that substantial amounts of money were fraudulently withdrawn from deceased estate accounts administered by Tibana Attorneys.
The accused face a range of charges, including fraud, theft and money laundering.
The state alleges that Tibana, who was appointed to administer the estates as an executor, used various transactions to conceal the alleged proceeds of crime.
These allegedly included registering properties in Rirhandzu’s name and transferring money into the account of Risima Jeje Trading Enterprise.
Investigators further allege that millions of rands were unlawfully withdrawn and laundered.
Among the transactions under investigation is the alleged use of R1.65 million to buy a second-hand Mercedes-Benz AMG G63 in Pretoria.
Nonyane is also accused of benefiting from the alleged proceeds through stokvel contributions and the construction of a residential property.
The couple were denied bail in early September and are scheduled to appear in court again on 6 November 2026.
