The affidavit used to apply for bail in the attempted murder case of SARS-appointed advocate Coreth Naudé SC came under scrutiny as the Durban Magistrates Court wanted to know how Kholwani Prayman Ntanjana’s monthly income dropped to R105,000 from R500,000. 

On Monday, Ntanjana submitted a supplementary affidavit to the court. Furthermore, he has replaced his legal team and is now represented by advocate Simphiwe Mlotshwa, the former KZN acting director of Public Prosecutions.

Ntanjana’s affidavit detailed two sources of income: his membership with the Uncedo Service Taxi Association, from which he earns R60,000, and his registered cleaning company, Stozz Holdings, which generates R45,000 monthly.

Additionally, he said he lives at Umhlanga and pays rent of R35,000, but the lease is under the name of his wife. He also said he sold his taxis.

In his initial bail affidavit, he told the court that he has businesses that generate R500,000 a month supporting him, his pregnant wife, and four children.

He stated that he owns property valued at R1.5 million in Tasha’s Coastal Estate and holds a life cover exceeding R1 million.

Magistrate Quim de Freitas seemed to be confused about the drastic change in Ntanjana’s monthly income.

Ntanjana also claimed that, due to his incarceration, clients threatened to withdraw from his business.

“What does he do for a living? I want clarity,” the magistrate asked. 

Mlotshwa responded by clarifying that his client owns a cleaning company and is affiliated with the Uncedo Taxi Association.

De Freitas continued to scrutinise both affidavits, particularly questioning the discrepancy regarding the bail schedule.

He pointed out that the initial affidavit specified bail fell under Schedule 6 of the Criminal Procedure Act, while the supplementary affidavit cited Schedule 5.

Mlotshwa said the charge sheet states that the bail is under Schedule 5, adding that the facts seemed to be similar to those of an affidavit that was submitted in a separate matter, where Ntanjana is charged with unlawful possession of a firearm with ammunition.

De Freitas asked if the previous lawyer of Ntanjana, Sizwe Cele, did a copy and paste of the affidavit.

A clear answer was not provided.

Additionally, Ntanjana claimed that the investigating officer in the case threatened and intimidated him. 

“He alleged that other people arrested in connection with this case have made confession statements. He demanded a confession statement from me as well.” 

Ntanjana further stated that despite threats to have his brains blown out by the investigating officer, he still did not make a confession statement. 

“I told him that I could not make a confession statement for something I never knew anything about,” Ntanjana explained. 

He said he told the investigating officer that he did not know anything about this case despite his aggressive and threatening questioning about the offence.

He said that because of this, it became apparent to him that the State has no case against him, and that is why the officer was desperate to extort a confession statement. 

“I think lack of evidence is the reason the investigating officer arrested me after a period of a year and two months,” he said. 

Ntanjana has no previous conviction but has a pending case.

When Naudé was shot in the neck, face, and shoulder at the entrance of Premier Hotel in Umhlanga, she had been conducting a tax inquiry on controversial Durban businesswoman Shauwn Mkhize’s son, Andile Mpisane. 

Two men, Siyanda Emmanuel Mbulwana and Mcebisi Corlen Runeyi, have been indicted by the Durban High Court for this case. 

State is expected to respond next week.

nomonde.zondi@inl.co.za

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