Westcott has nothing to say about ‘rude exit’ from court

As Sean Westcott strode out of Vryheid Magistrate B Court on Monday afternoon, he reportedly turned towards the victims of his alleged pension fund tracing scam and stuck out his tongue.
This is according to aggrieved Tovasize client, Mkhanyiseli Mhlongo.
Earlier, the atmosphere in the court room was tense, with the anticipation of Westcott being returned to a prison cell for the apparent contravention of one of his bail conditions.

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At the bail application on February 28, Magistrate, Jacobus Botha stipulated Westcott was: “…not allowed to operate the entity, Tovasize, for the period that this matter is enrolled.”

“If you pay this bail [R70 000] and do not adhere to these conditions, a warrant for your arrest will be authorised. You will be arrested and kept in custody until the matter has been finalised, and your bail will be forfeited to the state. It is also a criminal offence that you can be charged for, for not complying to these conditions,” warned Mag. Botha.

Hawks commander, Colonel Simphiwe Msibi interpreted Mag. Botha’s bail condition to mean Westcott would not be allowed to engage in any activity, which involved acting as a pension fund tracing company.

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As the investigating officer (IO), Col Msibi is aware Donafin was offering the same service before Westcott re-opened as Tovasize, and that Westcott’s staff had announced following his bail application, they would soon be operating under a different name.
Observers who filled the court succumbed to a lengthy delay, as Westcott, who appeared doubtful of the other attorneys at the firm, insisted on being represented by Shaheed Abdullah himself, despite the fact that Abdullah had already committed to attend to a Regional Court matter.
Prosecutor, Mlamuli Nyandeni appeared to lack Col Msibi’s conviction that Westcott had violated a bail condition, through his involvement in company, True North Wealth.
Addressing the presiding magistrate, Albert Mdlalose, Nyandeni said he intended to postpone the case for further investigation.
He was advised by the acting senior prosecutor however, that he should put forward an application for bail to be withdrawn.

“He [Westcott] was told he must not operate Tovasize, but according to the IO, he is operating under a new name,” explained Nyandeni.

Taking the witness stand, Col Msibi testified, “The accused before court can’t get bail. He was told he must not practice or operate the business, Tovasize. Through this business, he had been collecting money under the pretext that he is tracing clients’ pension funds. Now he is committing the same crime while out on bail. I do not believe it was the magistrate’s intention that he [Westcott] only stop operating Tovasize.”

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Abdullah asked Col Msibi to confirm that Westcott was operating a similar business, but not Tovasize.
“He is operating under a different name,” conceded Col Msibi.
“A human being needs to live,” was the explanation Abdullah offered the court.

“The bail condition is very clear that the accused must not operate Tovasize, and it looks like the accused is now trading under a different name. I cannot say today he has breached the condition put down by Magistrate Botha,” concluded Mag. Mdlalose.

“The matter is postponed to June 28 for further investigation. Bail is extended under the same conditions.”
Outside the court, an age-worn alleged victim, shuffling slowly towards the exit with the aid of a walking stick, pauses in the corridor, shaking his head in disbelief.
“Sisi, what just happened?” he asks. “He [Westcott] is really free to go, even though he is still conducting business today? I can’t believe it, sisi. Something is wrong.”
Westcott chose not to comment on claims he stuck out his tongue at alleged victims, as he exited the court room.