If released on bail, North West businessman Suleiman Carrim may flee the country to avoid facing contempt of court charges for failing to appear before the Madlanga Commission.
This is the submission made by prosecutor Donald Shiko, who is opposing Carrim’s bail application in the Pretoria Magistrates’ Court.
A decision on the application has been deferred until Wednesday, with the state strongly arguing that Carrim should remain in detention.
Shiko warned that the state would not be able to extradite Carrim should he flee to the United Arab Emirates (UAE), where he was heading at the time of his arrest.
The prosecutor acknowledged in his argument that South Africa has an extradition treaty with the UAE but said it would not apply in Carrim’s case if he fled.
“I respectfully submit that the state’s evidence revealed that the applicant was arrested at OR Tambo International Airport while travelling to Pakistan via Dubai.
“Suffice it to say that the state acknowledges that South Africa has a bilateral extradition treaty with the United Arab Emirates, which came into force in 2021, alongside a treaty on mutual legal assistance in criminal matters.
“The covered offences include corruption, fraud and money laundering, provided they are recognised as offences under the laws of both countries — a principle known as dual criminality.
“The Commission’s Act 8 of 1947 is not a law in the UAE; however, it is a South African statute.
“My respectful submission is that dual criminality cannot be established in the present matter and, therefore, extradition could not have been used as a mechanism to compel the applicant to appear before the court.
“Should the applicant succeed in leaving the country and decide not to return to South Africa, the South African state would not have been in a position to extradite him back to the country.”
Carrim also struggled to explain why he was undertaking a long journey while claiming to be ill.
Shiko questioned Carrim’s alleged illness, suggesting that he appeared to report sick only when he was being held accountable.
The prosecutor argued that, one way or another, Carrim was likely to evade trial if released on bail.
“This speaks to the likelihood of the applicant evading his trial. This could potentially be linked to the fact that the applicant was in possession of a large amount of luggage, 70% of which, he submitted, consisted of sweets and snacks,” he said.