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Bail denied for suspected kidnapper of Chinese national


A Gqeberha man linked to the kidnapping of a Chinese businessman was denied bail in the city's Magistrate's Court on Tuesday.

Nyamezeli Tete, 59, has been charged in connection with the April kidnapping of Chinese national Running Chen, from his business premises in North End, in Gqeberha.

He has also been charged with the kidnapping of Sonam Gajjar who was taken from her driveway in Kariega, in March.

Both Chen and Gajjar were released after hefty ransom amounts had been paid.

Tete, who is out on parole for murder, applied for his release on bail in the Chen case.

Also read: Kidnapped victim's crucial clues assist Hawks in dismantling syndicate

In handing down judgment, Magistrate Desi said none of the evidence that Tete presented in support of his bail application showed exceptional circumstances.

She mentioned that as per his own version, his businesses received their revenue in cash and that there is no reason why he son cannot collect the monies on his behalf. 

According to Desi, a balance had to be struck between upholding Tete's Constitutional Rights in the matter, ensuring community safety, and preserving the proper investigation and prosecution of the case.

Desi highlighted the fact that Tete had breached his parole conditions which were set by a trial court after his conviction, in the absence of being monitored by the relevant authorities.

She questioned what would become of the conditions set by a bail court.

"I have evaluated all of the evidence set before me in totality and also looked at the strengths and weaknesses of the state's contentions in this matter.

"The applicant was not able to show that it would be in the interest of justice for him to be released on bail."

Desi said in bail proceedings the onus rests on the applicant to prove that he should be released on bail pending the outcome of his trial.

"The evidential principle is clear that if the onus is on him and he has not discharged the balance of probabilities then that is the end of the matter."

Tete's co-accused in the Chen case is his cousin, Mzonoxolo Grwayibana.

Previously, Grwayibana was released on bail of R3 000.

Both men will appear in court again on 9 September.