Durban businessman’s bail fight in human trafficking case set to resume

Bail proceedings for a Durban businessman and his co-accused are due to continue at the Durban Regional Court as defence teams prepare to challenge the state’s bail objection affidavit. The matter was partially heard on Tuesday.

What is before the court

The two men face charges including human trafficking. The defence on Tuesday filed affidavits arguing why their clients should be granted bail, and the state filed reasons opposing bail.

Origin of the charges

The case arises from a 2022 incident involving three young women from Eldorado Park, Johannesburg, who were allegedly lured with a fake SIM card job opportunity and later forced into sexual exploitation at a Durban North property.

Charges and identities

Rangasamy Naidoo, 48, faces charges of human trafficking, kidnapping, cybercrime, crimen injuria, and procurement for prostitution. The Durban businessman faces a total of 20 charges, including sexual assault. The businessman cannot be named until he pleads.

Evidence and courtroom exchanges

Senior State Advocate Valisha Dafel, acting for the National Prosecuting Authority, called Investigating Officer Karl Sanders to the stand on Tuesday to address allegations raised by the defence.

Defence counsel Paul Jorgensen, instructed by attorney Jay Mohideen for the businessman, told the court his client was arrested unlawfully and that the case was politically motivated. The state responded that the arrest was legal and not politically motivated.

State opposition to bail

The state opposed bail on the basis that both accused could indirectly interfere with witnesses. The state argued the businessman could exert authority and has a network of police that would undermine the justice system if he were released on bail.

The state also said “public outrage was high regarding the matter of human trafficking, and they had yet to find a positive comment on social media about the incident.” The state submitted an affidavit from Awareness for Child Trafficking Africa (ACT Africa) in support of denying bail.

Defence response and personal details

Jorgensen told the court his client would not interfere with witnesses, was not a flight risk and would abide by bail conditions.

Naidoo said he owned a business in Durban and employed 15 staff members. He told the court his 80-year-old father was terminally ill and that he had no previous convictions.

Allegations about recruitment messages

The state said the recruitment took place “during the period February to March 2022” and that the accused recruited the three complainants “under the false pretences of employment involving the sale of SIM cards at a casino and/or work in a call center.”

The state said the offer was made via WhatsApp in the name of a company called ICLICK, and that three of the 20 counts concern those messages alone.

“Communicating false employment information for ‘ICLICK’ to the complainants via electronic communications, including WhatsApp. “Representing the legitimacy of the employment opportunity for ICLICK.”

The state said the messages induced the complainants to travel to Durban to meet the employer and that they “were subsequently informed by the accused that the work was in fact of a sexual nature.”

What comes next

Magistrate Sharon Marks is expected to hear further defence arguments when the bail application resumes on Wednesday.