Bail granted in R1 million drug bust case
Drug dealer accused, Nkosinathi Shabalala, received a hero's welcome when he returned home following his release on bail after he was charged with being in possession of mandrax tablets valued at over R1 million.
Shabalala was arrested on March 5 when police raided his residence and recovered 1,375 mandrax tablets.
A packed Madadeni District Courtroom was told on March 19 by investigating officer that while a small portion of the drugs was found on Shabalala, the bulk of the haul was recovered in the boot of a car parked at a neighbouring house.
Further testimony revealed that the house belonged to the estate of Shabalala’s late brother.
State prosecutor Mthembu strongly opposed bail, citing the severity of the offence and the likelihood that the accused might evade trial.
He argued that Shabalala had a history of similar convictions, which pointed to a pattern of criminal behaviour. Mthembu further contended that Shabalala’s ‘connections’ in the criminal system, as evidenced by previous arrests where charges had been withdrawn, raised concerns about possible interference with judicial proceedings.
Shabalala chose not to testify, choosing to submit an affidavit through his defence attorney, Mkhabela.
In the affidavit, Shabalala presented himself as the primary breadwinner for his family and a self-employed businessman with a house in Madadeni.
This, he said, indicated he was unlikely to flee. He also pointed out that he possessed no travel documents or passports and was arrested at his residence, reinforcing his claim that he was not a flight risk.
Additionally, Shabalala cited financial hardship as a reason for his release, stating that his prolonged detention was exacerbating his economic struggles.
In his affidavit, Shabalala admitted to a 2004 conviction for housebreaking, for which he received a suspended sentence. He also disclosed two previous drunk driving cases but stated he had no clear recollection of any other convictions. However, during cross-examination, the investigating officer revealed that Shabalala had a 2009 conviction for drug possession. The state argued that this history, coupled with his previous arrests and dropped charges, suggested possible criminal connections.
They requested an investigating officer from outside Newcastle to ensure objectivity.
Furthermore, the investigating officer highlighted that, if convicted, Shabalala faced the possibility of a lengthy prison sentence, increasing the likelihood that he might attempt to evade justice.
Poking holes in the state’s case, defence lawyer Mkhabela argued that the non-disclosure of the 2009 case was merely “human error” and said the likelihood of Shabalala interfering with witnesses was low, as he did not know who they were. Mkhabela added that during all his previous arrests and convictions, Shabalala had never attempted to evade trial.
Before stepping down, Mkhabela asked the court to consider the rights of Shabalala’s children, who would be financially impacted by their father’s continued detention. Despite the state’s opposition, Magistrate Geyer granted bail following which videos circulated on social media depicting members of the community celebrating Shabalala’s homecoming.
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