Family secures bail for businessman Ridwaan Rajah
|Published
Raziek Rajah lodged an application for his brother Ridwaan’s bail. PIC:Armand Hough/African News Agency/ANA
Cape Town - After spending 25 days in prison, businessman Ridwaan Rajah has been granted bail of R10 000 by the Western Cape High Court.
Rajah was convicted of theft and perjury but acquitted on a charge of fraud in the Bellville Commercial Crimes Court on April 24.
At the time of the ruling, Rajah was out on warning and this was “summarily withdrawn” without the State and defence legal teams addressing the court on the question of bail.
Rajah’s family brought an urgent application before the high court after it alleged that the imprisonment was a “travesty of justice” and a “malicious persecution” of the family.
Seated in court was his father, Ismail Rajah - who was kidnapped outside his business in Parow in March 2022 and released after 111 days - and his other son, Raziek.
Raziek was expected to be a witness in a multi-million-rand City of Cape Town housing fraud case involving The Construction Company.
Senior counsel for the family, advocate William King, argued that although conviction should be considered as to whether Rajah should be granted bail, the issue was not “a be-all and end-all”.
He also argued that Rajah had a right to appeal.
“A prison is not a place for any person suddenly thrust into it,” King argued.
“The horror, the fear and the anguish that I would experience. This is a man with three young children that need him badly. He is a respectable man who runs a family business.
“What is the actual amount that he’s allegedly stolen, the State must explain,” he said.
King put it to the court that Rajah, whom he described as an “international persona”, was not a flight risk, was a model citizen and over the two and half years of the trial, he attended the case hearing.
He further argued when the magistrate brought forward the date for judgment from May 3 to April 24, Rajah was overseas at the time but immediately came back.
“The magistrate wanted to pass sentence and refused to allow for his release,” he said.
“The bail application for him to be released on warning again was brought as soon as the court report was typed and that happened on May 3.”
In 2011, Winlite was subcontracted by GHP for work that was to be done at one of the state buildings in 120 Plein Street, Cape Town.
According to the charge sheet before the Commercial Court, Winlite’s sole director, Ronald Rayners, who was the sole director of Winlite, alleged that his company did not receive payment of R455 296, excluding VAT as an advance payment for material off-site.
King further argued that GHP instead suffered a loss of R600 000 and approached the High Court to recover the money from the Department of Public Works.
The court ordered that the money should be paid back to GHP.
The State also conceded that Rajah was not a flight risk and a danger to society.
Advocate Aurelia Harmse submitted that the only times Rajah was not able to attend court were due to reasons beyond his control.
Judge Daniel Thulare granted Rajah bail of R10 000 pending the finalisation of the case.
Speaking after the ruling, Raziek said: “The family always believes that justice and sense will prevail.”
Activist Zona Morton said as crime fighters and whistle blowers, they would encourage the Rajah family to sue the State for “damages and emotional trauma as damage to their integrity”, she said.
“Those involved in defeating the ends of justice need to be held accountable. The Bill of Rights protects our right to fair trial and in the case of Ridwaan, that right was clearly violated.”