Theft-accused attorney faints moments after being denied bail

A commotion broke out in the East London Magistrate’s Court when, moments after being denied bail, a former East London attorney accused of swindling millions from his clients fainted.

Court staff had to pour water on Manfred Chinamasa to bring him to consciousness on Wednesday.

Chinamasa, also a former University of Fort Hare lecturer, was arrested by the Hawks in February, and has been making his bid to be released on bail.

Magistrate Leyla Limbada said Chinamasa, 52, had failed to persuade her on a balance of probabilities that the interest of justice permitted his release.

Chinamasa, who was sacked as a practising attorney by the Legal Practice Council in October last year, is facing five counts of theft after he allegedly stole more than R5m of RAF funds from his clients.

He has been representing himself after he opted to let his attorney go at the crux of his bail bid, during the state’s case.

According to the charge sheet, the first complainant is Zwelinzima Mceka, who was involved in a car accident on October 28 2015 on the NU2 highway in Mdantsane.

The second is former boxer Simphiwe Vetyeka, who was in a car accident on April 13 2018 in East London.

The third complainant is Dr Jane-Francis Afungmeyu, on behalf of her minor child Trista Nkwehenui, aged seven at the time, who was in a car accident on July 20 2011.

The fourth is Nontuthuzelo Tom, on behalf of her late brother, Vusumzi Tom, who was in an accident on December 31 2013 at Qumza Highway Road in Mdantsane, while the fifth complainant is Khumshile Derrick Mandita, a law student Chinamasa had taught, and who was in an accident on April 25 1996 in eMaXesibeni (previously Mount Ayliff).

Chinamasa, a father of six, wanted to be released on bail to attend to his family and return to work.

He said he was also responsible for regularly taking medication to his sick mother in Zimbabwe.

The court heard that police had contacted Chinamasa months before his arrest, indicating that they were looking for him. He never called back.

In her judgment, Limbada said the charges Chinamasa faced were serious and “the sums alleged to be involved are substantial”, adding that a lengthy sentence would undoubtedly be applicable if he was convicted.

“It is not in dispute that the only tangible asset which the applicant possesses comprises an immovable property ... which he co-owns in an undivided half-share with his wife [a medical doctor].

“The applicant has conceded that the said property is hypothecated as security by way of mortgage bond ...

“The attitude of the applicant in not abiding by his undertaking to contact police is a pure indication of his lack of regard for the law and law enforcement officials.

“The applicant has elected not to play open cards with the court in these proceedings on more than one occasion and simply persisted in averments which do not make logical sense and thereafter changing his versions ...”

During his bail bid, Chinamasa interacted with one of his alleged victims in court during an adjournment.

The court also heard Chinamasa was able to travel out of the country through the border despite circulation of a warrant of arrest.

“Taking into account the totality of the evidence presented, the court is of the view that the applicant, if released on bail, will in likelihood evade trial, and there exists a likelihood that the applicant will interfere with witnesses.”

He will be back in the dock on May 8.

One of the complainants, Mandita, welcomed the outcome.

“I’m happy he has been denied bail. It’s what I wanted.

“Now all I want is for him to be convicted and sentenced in a way that will teach him a lesson.

“Ultimately, what we want as complainants is to be reimbursed,” he said.