- Chilwane and co-accused allegedly defrauded victims of over R3 million by selling non-existent properties.
- The High Court denied bail, citing risks of witness intimidation and trial evasion.
- Health issues were insufficient to outweigh the seriousness of the fraud and public interest in denying bail.
The South Gauteng High Court has dismissed an appeal against the refusal of bail for Candide Chilwane, accused of acting as a fake lawyer and conveyancer in a wide-ranging fraud scheme.
Between August 2023 and October 2024, Chilwane allegedly convinced buyers and sellers to pay large sums for property transfers he was not authorised to perform. Along with two co-accused estate agents who advertised the properties, he collected over R3 million from victims who never received their promised property deeds.
The initial eight charges have since expanded to 20, including similar fraud cases opened in Pretoria.
Chilwane’s bail application was refused by the Tsakane Court, a decision upheld on appeal. The court emphasised that cases involving a fake lawyer, especially where witness intimidation is a concern, warrant careful judicial scrutiny.
The investigating officer testified that complainants threatened Chilwane’s safety, and one witness fled Gauteng due to intimidation. The court concluded that releasing Chilwane would likely lead to witness interference and obstruct justice.
Health concerns did not override public interest
Although Chilwane cited kidney problems and alleged denial of medical care, the court found insufficient evidence to grant bail on health grounds. Medical documentation did not indicate urgent hospitalisation, and the public interest in justice prevailed.
The High Court confirmed that bail must be denied when there is a risk of evasion, witness tampering or damage to the justice system’s integrity.
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