Hopolang Mokhopi
TWO South African men accused of possessing cocaine, cannabis and more than M200 000 suspected to be proceeds of crime, have been denied bail by the Maseru Magistrates’ Court.
Nash Pillay (38) and Thabiso Mgidi (42), both from Durban, appeared before Magistrate Puseletso McPherson this past week in connection with the charges arising from their arrest on 7 July 2026.
The pair face three charges: one count under the Money Laundering and Proceeds of Crime Act No. 4 of 2008 for allegedly being found in possession of M202 770 in cash suspected to be proceeds of crime, and two counts under Section 9(1) of the Drugs of Abuse Act No. 5 of 2008 for allegedly possessing 0.7 grammes of cocaine and 114.91 grammes of cannabis. They were arrested at Maseru District Hospital.
Representing the accused, Advocate Pelele Ntori urged the court to grant each accused M2000 bail, subject to conditions that they report regularly to the police’s Central Charge Office and refrain from interfering with witnesses.
Adv Ntori submitted that both men were primary caregivers for their families in South Africa and had legitimate business interests in Lesotho, including purchasing vehicles and working with companies involved in the medical cannabis industry.
He further argued that the cannabis found in their possession was a “medical sample” from TBT Holdings (Pty) Ltd and was being transported for testing by the Ministries of Health and Agriculture, Food Security and Nutrition. He also contended that the cash and vehicle had been seized unlawfully, adding that money laundering, as a financial offence, did not meet the threshold of “exceptional circumstances” required to justify the denial of bail.
Crown Counsel, Lehlohonolo Phooko, opposed the application, arguing that the accused had no meaningful ties to Lesotho and posed a significant flight risk. He submitted that, given the seriousness of the charges, the accused were required to demonstrate exceptional circumstances warranting their release.
“They have failed to establish exceptional circumstances and have instead presented only ordinary circumstances,” Adv Phooko argued.
Relying on the case of Matsepo Bolofo v Director of Public Prosecutions, the Crown argued that the court should consider factors such as family ties, property ownership and the means available to flee the jurisdiction. The prosecution further submitted that one of the accused had entered Lesotho without a passport and that extradition between Lesotho and South Africa was both cumbersome and costly.
“The proposed M2000 bail is a small amount compared to the cash and drugs found. The accused can easily forfeit it and abscond,” Adv Phooko argued.
The prosecution also pointed out that a conviction for money laundering carries a maximum penalty of 10 years’ imprisonment or a fine of M50 000.
In dismissing the bail application, Magistrate McPherson ruled that the likelihood of the accused absconding outweighed their constitutional right to liberty pending trial.
She said both men were facing serious charges, had no immovable property or family ties in Lesotho, and that effective monitoring of their movements would be difficult as they were residents of Durban.
“Bail is a constitutional right, but in this matter the interests of justice demand that bail be denied,” Magistrate McPherson said.
She then directed that the matter proceed to trial.
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