- Angelo Agrizzi's lawyers argued that the judge who presided over his bail application erred.
- The lawyers said Agrizzi's health was also not taken into consideration.
- Agrizzi had a heart attack on Wednesday and was resuscitated.
- He was moved to hospital after spending just a day in prison.
Former Bosasa COO Angelo Agrizzi's bail appeal will be heard in the Gauteng High Court in Johannesburg on Monday.
The appeal was expected to be heard at 10:00, National Prosecuting Authority's Investigating Directorate's spokesperson Sindisiwe Twala said on Sunday.
"The Investigating Directorate had, on 14 October, contended that Agrizzi lied in his previous bail affidavit of 6 February 2019, where he told the court that he and his wife own movable assets valued at approximately R2.6 million and immoveable property valued at approximately R14 million.
"The true position is that as of 6 February 2019, the family-owned movable assets (excluding household furniture, jewellery and art) of R35.6 million and not R2.65 million," Twala said.
Two weeks ago, the Specialised Commercial Crimes Court sitting in the Palm Ridge Magistrate's Court denied Agrizzi bail in a matter where he faced charges of corruption for allegedly making payments to former MP Vincent Smith.
After spending a night in prison, he was transferred to a public hospital and then rushed to a private facility after his condition worsened.
News24 reported on Thursday that the embattled former COO had a heart attack during the course of last Wednesday.
"I can confirm that he had a heart attack. The doctors managed to resuscitate and stabilise him, but he's obviously in a very serious condition," Agrizzi's lawyer, Daniel Witz told News24 on Thursday.
In papers filed to the court, the lawyers argued that magistrate Phillip Venter, who presided over Agrizzi's bail in the Specialised Commercial Crimes Court, erred in his ruling.
Venter said he was satisfied a prima facie case had been made against Agrizzi. He also ruled that he was satisfied Agrizzi had the financial means to set up and sustain a "comfortable lifestyle" elsewhere, should he decide to abscond.
The court heard that Agrizzi had allegedly withheld information about the value of his assets, and together with his wife Deborah, moved millions of rand offshore and into cryptocurrency accounts.
In the notice of appeal, Agrizzi's lawyers also argued that Venter did not properly take into account his chronic medical conditions and the fact that he was dependent on a permanent supplemental oxygen supply.
Agrizzi arrived in court two weeks ago with a mobile oxygen unit.
The lawyers also argued that his age and co-morbidities should have been considered by the court.