POLOKWANE – The unsigned affidavit in the bail application of Jacques Nell, a former businessman from Polokwane, was questioned in several respects by the state and magistrate Janine Ungerer in the Polokwane regional court on Friday.
It was the first day of Nell’s bail application.
The application was to resume yesterday, but had to be postponed until today (Tuesday).
Nell is still in police custody.
In his bail application, Nell stated he had only R20 000 left of the balance amounting to R650 000 after paying off his bond for the property he sold in Polokwane.
He told the court the money was used for living expenses.
He said he had not earned any money since moving from Polokwane to Gauteng more than a year ago.
According to his written affidavit, Nell had been in a brief business relationship with (former national police commissioner) George Fivaz.
Nell first said he was currently without formal employment.
Later he however declared to be working as a business broker, and was reminded by the court that there is a difference between being “unemployed” and “self employed”.
Asked how he was to pay his son’s school fees and rent with only R20 000, Nell said he considered approaching his family for financial assistance.
Nell told the court although he had earned no income since the time he left Polokwane, there were good prospects of him receiving an income soon.
He later, under cross-examination, said he had not earned any money “during the last two months”.
This is also the period in which the business relationship between him and Fivaz soured.
Fivaz was apparently informed by the Hawks in November that Nell was being investigated for fraud. Nell at first could not remember who bought his property in Polokwane and was informed by the state prosecutor that it was a trust, which the court named.
Nell was furthermore informed by state prosecutor Jackie Mabasa that the state had evidence that the balance of the money paid into his bank account after the bond on his property was honoured, was not R650 000 as he told the court, but R1,5 million.
To page 2
and an amount of nearly R250 000 was paid into his wife’s account for a period of four months thereafter by the same Dada.
Nell, who according to Mabasa, was regarded as a flight risk, said he would never leave the country, as he had four children, one of whom was in gr. 12. However, he told the court he had applied for many jobs, including some abroad.
He was asked if he had not had a son at school when he applied for the job.
Nell told the court he last travelled abroad in December 2012, but evidence was shown in court that he bought a ticket with his credit card for Mauritius in June 2013, and he apparently also travelled to Maputo last year.
When confronted with the evidence, Nell said he thought “abroad” meant overseas to Europe, upon which Ungerer told Nell he must not insult her intelligence.
It was put to Nell that he was a flight risk.
He said he had “only one South African passport” and it has been handed to the Hawks. He was asked how many other passports he had, and told it was easy to say one’s passport got lost and apply for another.
Nell was asked how many other investigations were in process against him, and when he refuted this, was told the court knew about at least one other case where people wanted to open a case against him, but Nell sent people to them, telling them “not to proceed.”
Nell was also told that the state had a prima facie case against him for fraud. The sate had eight sworn statements by various parties regarding a case where two EduTech machines were financed by Absa as being new machines in March 2009, whereas the machines were already bought and financed in 2003 and 2006 respectively. Nell allegedly submitted false tax invoices to Absa. Nell invoked his right to remain silent and said he had no comment.
Nell indicated that he had a company known as Nellsons, but later said the company was registered in his son’s name. Nell was cautioned for not being honest in court, and he responded by saying he would not lie in court, as he was an assistant pastor.
The state prosecutor handed a list of companies allegedly registered in Nell’s name to the magistrate and Nell’s attorney. The court was adjourned to proceed on Monday. Nell was remanded in custody.
At the time of going to print Nell’s bail hearing had not yet been concluded.
