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- Willah Mudolo is one of Shepherd BushiriCo-defendant in a R102 million fraud, money laundering and theft case.
- He asks for a bond, arguing that he is not at risk of flight, since he had a wife, children and property in South Africa.
- The state, however, believes that he can flee because he has the means and is not South African nor is he legally in the country.
Willah Mudolo, one of the co-defendants of self-proclaimed prophet Shepherd Bushiri, is just as likely to flee if granted bail, the state argued Tuesday.
He claimed that he had a life in South Africa, which includes expensive property, his wife and children, and therefore would not evade trial if he were released on bail.
Mudolo appeared in Pretoria Magistrates Court on Tuesday to continue his application for bail.
Mudolo, his wife Zethu, Bushiri and his wife Mary, as well as Landiwe Ntlokwana, face multiple counts of fraud, theft and money laundering in connection with an investment scam that allegedly defrauded investors out of the amount of R102 million.
READ | Bushiri Fraud Case: Co-Defendant Claims Prison Officials Forged His Signature
Bushiri and his wife have fled the country since then and returned to their homeland of Malawi after the Pretoria Magistrates Court granted them bail in November.
Mudolo, who is a citizen of Zambia, is the only defendant still in detention after his wife and Ntlokwana were successful in their requests for bail, which were heard at the same time as the Bushiri request.
Both the State and the defense clashed on Monday and Tuesday, vehemently opposing the evidence deposited in favor and against the granting of bail.
Flight risk
The State maintained that Mudolo is a flight risk, which is evidenced by the fact that he allegedly tried to flee the country before being arrested.
During the bail request, the investigating officer detailed evidence that Mudolo had visited OR Tambo International Airport on three different occasions. These trips to the airport were made on October 13, 16 and 17 when he was detained there.
The State alleged that the first two times that Mudolo checked in on the flight was to check if his movements were being monitored. On the third occasion, he was arrested before he could board a flight to Nigeria via Dubai.
READ | Bushiri fraud case: co-defendant paid off a loan of 8 million rand while behind bars
It was also recorded that he had bought a one-way ticket. Mudolo’s defense team argued that he was simply traveling for a business meeting and would return to South Africa three days later because his wife, house and children were in the country.
The defense attorney added that no tickets were purchased for his wife and children.
They also provided a Flight Center affidavit that noted that Mudolo’s travel modus operandi was to purchase round-trip tickets to and from the destinations he was going to.
The investigating officer refuted this, saying his bags contained far more clothing than necessary for a three-day trip and one of the bags contained political shirts, which Mudolo allegedly said was for campaigning for a political party in Nigeria.
Mudolo also refuted that he was going on a trip to campaign for a political party.
Wealth and home
The State alleged that Mudolo had the means and wealth to relocate anywhere in the world, and claimed that, in its own version, it had business interests in several countries, including Hong Kong, the United Kingdom, and Zambia.
The State informed the court that because Mudolo was able to pay a pending loan of R8 248 404.88 that was taken out against the property, while in detention, he demonstrated that he had access to large amounts of money.
However, the defense argued that the bond on the house and the loan had been paid in full and that Mudolo would post the house as collateral for the bond.
It was also said that the property was worth R25 million and that the average citizen could not afford to lose so much money and therefore Mudolo would not flee the country to evade his judgment.
The State replied considering Mudolo’s wealth, access to money and the fact that he also had property in Zambia, which meant that there was no guarantee that he would be tried if he was granted a bond.
Passports and legal status in South Africa
One of the strongest points of discussion that the state addressed in detail was that Mudolo was not a citizen of South Africa and his legal status in the country.
The prosecutor said that Mudolo had chosen to lie or misrepresent the facts when he arrived in the country on a visitor visa. Despite having a visitor visa, he was still conducting business and doing so while flying under the radar, which suited him, the state said.
While he was in the country on a visitor visa and had multiple business interests abroad, Mudolo still wanted the court to believe that his interests were in South Africa, the prosecutor added.
The defense again used the argument that Mudolo’s wife and children were in the countryside, living in the 25 million rand house.
It was also argued that it was not for the court to decide on Mudolo’s legal status and that the Department of the Interior had not made a determination on his status.
Additionally, although he had not been granted a spouse visa, there were other reasons why Mudolo might qualify to remain in the country if given the opportunity to apply, the defense said.
The issue of multiple passports also took center stage during the bail application, and the State recorded that Mudolo had several passports, including two passports with the wrong date of birth.
One of these passports was allegedly used to register companies, open bank accounts and to marry his wife, who is South African.
The State claimed that the use of these passports demonstrated that Mudolo was dishonest and was not a simple mistake.
The defense said that the passport with the wrong date of birth had been canceled, a second passport was full and a third passport had been lost.
The only reason the passport was kept with the irregularities was because he still had a valid US visa, Mudolo’s attorney argued.
The defense further claimed that Mudolo was never told he was in the country illegally.
Cell phone in custody
The State alleged that Mudolo had access to two cell phones while he was detained in Kgosi Mampuru Prison in Tshwane and that he had signed a document admitting that he had a cell phone.
This phone was used for WhatsApp by several people, including an unknown person who claimed to have an advocate who could help facilitate a bribe to get him out of jail.
Mudolo denied having access to a cell phone and accused the Department of Correctional Services of forging his signature on a document in which he confessed to having access to the device.
The defense also noted that the Gauteng High Court in Pretoria had ruled on the matter after a request was filed because Mudolo was transferred from the local detention center to C-Max.
It was recorded that the measure was reviewed and annulled after it was found to be illegal, unconstitutional and invalid.
The court also ordered that Mudolo be transferred back to the local remand center and that his remand privileges be restored.
The reasons for the order were not recorded by the defense, but the State did argue the order related to the second time that Mudolo was captured with a cell phone and it was a technical issue with the processes followed to locate him in C-Max. .
Sentence is scheduled to be handed down on December 22.
