POLOKWANE – Advocate Hlawu Maluleke, the lawyer who previously represented high-profile accused Cat Matlala, is now representing Peter “Gagash” Nonyane and his wife Charlotte Tibana, and he is insisting that the state’s case against them is weak.

The couple is accused of defrauding over R6m from deceased estates intended for the beneficiaries of six families.

‘No direct evidence’

Maluleke told the Polokwane Magistrate’s Court today that at this stage of the matter, there is no direct evidence admissible or presented before the court that links the two accused to the unlawful withdrawal of the estate funds, except for witness testimony.

He argued that documentary evidence has not yet been presented to prove the allegations.

“The matter is not about whether they may have committed the alleged actions, but around whether they would still continue to come before court for the duration of the case,” Maluleke said.

Watch

"The matter is about whether they'd come back to court," says Advocate Hlawu Maluleke, as he fights for bail for Peter "Gagash" Nonyane and his wife Charlotte Tibana.

The state opposes bail, saying the case is strong.

📹 Watch the full address. pic.twitter.com/bnQawdB4r9

— Polokwane Observer (@PolokwaneObserv) September 3, 2026

Tracking devices proposed

The defence has proposed the use of tracking devices, including a cellphone location, as part of bail conditions to ensure the accused would not evade trial.

Impact of continued detention

Maluleke further argued that not granting bail also prejudices his clients, particularly Tibana, whose business could potentially collapse due to her continued absence.

He said Tibana’s court matters are pending because she is not present, and that her business has the potential to collapse as a result.

The case continues

The bail hearing continues, with the court yet to rule on whether the couple will be released pending trial.