Hospitalised Zulu asks PMB high court to increase his bail

2012-05-16 00:00

SIFISO Zulu (40) has invited the high court in Pietermaritzburg to raise his bail from R15 000 to R20 000 if he is again granted bail pending appeal this Friday.

On that day Pietermaritzburg high court Judge Pete Koen and Acting Judge Themba Mjoli are due to hear Zulu’s application for leave to appeal to the Supreme Court of Appeal against his convictions and sentences arising from a 2008 car crash in which two people were killed.

If that application fails Zulu has a further right to petition the chief justice for leave to appeal, and to apply for bail pending his petition.

In an affidavit filed in the high court yesterday, Zulu explained that he did not surrender himself to start serving his jail sentence as required last week because he believed the operation of his jail sentences was automatically suspended once he filed notice of his intention to apply for leave to appeal on May 9.

When he learnt the following day, May 10, that this was not the position, he could not immediately secure funds to instruct counsel (an advocate). “I secured funds the next day (May 11) and that is when counsel was instructed to move my application for the extension of bail.”

Zulu said that having “learnt about the true position of the law on Saturday, May 12”, he handed himself over at Westville Correctional Centre, where he is now being held.

“I am now at Westville prison … I have surrendered myself voluntarily and respecting sentiments echoed by this court, thus further apologise for any inconvenience through my layman actions and for those who have advised me and erred thereto in doing so,” he said.

It was reported by a Sunday newspaper that Zulu “partied” throughout Friday night in Durban after leaving the high court, and that he surrendered himself to prison only on Saturday evening when police were already looking for him in order to execute a warrant for his arrest. He is now reportedly in the prison’s hospital, awaiting medical assessment.

In his affidavit Zulu described himself as a businessman who had been a director of 29 companies.

He was single and had no children.

Zulu admitted he had a previous conviction for fraud dating back 22 years to 1990, but no pending cases.

He said that if he were released on bail he would not endanger the public or any person and would not try to evade serving his sentence should his appeal fail. He added that all witnesses had already testified in the matter so any risk of influencing them or intimidating them no longer existed. Zulu maintained he had prospects of his appeal being successful, or that alternatively that his sentence should qualify for the President’s remission.

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