By Lehlohonolo Lehana.
The Pretoria High court has set aside the initial bail condition imposed on crime intelligence head Dumisani Khumalo and two of his co-accused.
They were being prohibited from entering any crime intelligence premises pending their trial.
The ruling clears the way for Khumalo and his co-accused to return to work.
Khumalo and his co-accused were arrested for fraud and corruption charges linked to the alleged irregular appointment of civilian Dineo Mokwele to a senior post within Crime Intelligence.
The State claims Mokwele’s vetting and appointment bypassed security and recruitment procedures, implicating top management within the division.
Each accused was released on bail ranging between R10 000 and R20 000, with one of the key conditions being that they are barred from entering any Crime Intelligence premises across the country.
In his ruling Acting judge AJ Raborife said the bail condition imposed by Magistrate Vusimuzi Mahlangu was arbitrary, incorrect, and imposed without supporting facts.
“The court a quo’s decision to does not reflect a proper exercise of judicial discretion,’ the judgment reads.
The High Court upheld the appeal and removed the restriction, allowing the accused to return to their duties.
The appellants argued that the condition was unnecessary, vague, and prejudicial.
There was no evidence suggesting they would interfere with witnesses or tamper with evidence.
They also noted that the South African Police Service (SAPS) had not suspended them and had not requested similar restrictions.
The State had opposed the appeal, arguing that courts have the authority under the Criminal Procedure Act to impose conditions they consider in the interests of justice.
However, Judge Raborife emphasised that the magistrate’s judgment provided no reasons for the restriction, forcing the parties to guess its rationale.
“Judges and Magistrates are expected to give reasons to ensure accountability, transparency, fair appeals, guidance in future cases, and the public’s access to justice,” the judgment noted.
Khumalo and the co-accused trial remains ongoing in the Pretoria Magistrates’ Court, and the case has been postponed to 13 February 2026.