Durban — A 58-year-old woman linked to fraud charges worth millions has been denied the relaxation of her bail conditions to go on a 13-day function in the Drakensberg.
Sharmine Chan, Danvir Pillay, 27, Ernest Cele, 58, Siziwe Bright Pedro and Lindiwe Anastasia Pedro face five counts inclusive of fraud and money laundering in the Durban Specialised Commercial Crime Court.
It is alleged that Cele contacted Sphamandla Herbert Ngubelanga and offered for sale a property, described as 35 Stanley Grace Crescent, Umhlanga Rocks, Durban. The charge sheet said Chan purported to be an attorney or conveyancer who would transfer the property.
During Chan’s appearance State prosecutor, advocate D Cole, said she was exhausted of the emails asking her to let her “Christmas spirit be upon her”. Cole said she received numerous emails from the defence informing her about the function.
Chan’s bail conditions state she should not leave the eThekwini jurisdiction nor her home unless attending her other matter in East London, and report every fourth night to the Montclair police station.
“I would like to urge my colleague to please stop. This is not even a function but a holiday. The law should be followed whether it is Christmas or not. The accused’s bail conditions are clear,” Cole told the court.
Chan’s attorney, S Singh, told the court that they were not aware that the emails were making the prosecutor uncomfortable. The relaxation of Chan’s bail conditions would not make her interfere with witnesses, Singh said.
“She is not on house arrest. She has a function to attend. Even if it is a holiday, she will still be around the province, not overseas. There is no chance she can flee with her passport not in her possession.”
Judge G Davis ordered the matter be discussed with the previous judge who granted Chan bail.
The charge sheet stated that the agreed property price was R2.2 million inclusive of transfer costs. However, in November 2019 Chan and the Predros (mother and son) acted in common purpose to defraud Ngubelanga and indicated to him that to secure the sale of the property he had to pay a deposit of R1.6m.
Ngubelanga paid the amount into Chan Trust Account including a further sum of R600 000 into another of Chan’s accounts.
In January 2020, Chan further advised the Ngubelanga that another property in 19 Botanic Avenue was for sale for R1 million with the cost of transfer at R146 514.
The charge sheet stated that Ngubelanga paid a deposit of R500 000 and then Chan communicated with him in correspondence – under Style Chan and Associates – indicating she was the nominated conveyancer.
In March 2020, Ngubelanga paid the balance of R550 000.
The charge sheet stated that investigations revealed that ERF 600 of Umhlanga (extension 7), which Ngubelanga described as 35 Stanley Grace Crescent, Umhlanga Rocks, and paid R2 200 000 for belonged to the National Government of the RSA. It further stated that the accused had no mandate nor was the property ever transferred to any individual.
The court further learnt that Chan was not a registered legal practitioner or a conveyancer and has never registered a firm with the Legal Council or the KwaZulu-Natal Law Society.
The matter will be back in court in January 2023.
Daily News