Imanuwela David (R) and Froliana Joseph appear at Bela-Bela Magistrate’s Court on 7 November 2023. Picture: Gallo Images/Beeld/Deaan Vivier
Imanuwela David, the alleged mastermind behind the Phala Phala farm burglary, may apply for bail again now that the defence has received the case docket.
On Monday, David appeared in the Modimolle Regional Court with his co-accused, Froliana Joseph and her brother Ndilinasho David Joseph.
The criminal case was transferred in May from the Bela Bela Magistrate’s Court to the regional court for trial.
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The suspects are facing charges of housebreaking, theft and conspiracy to commit housebreaking with intent to steal.
David has also been charged with money laundering.
They allegedly stole $580 000 at President Cyril Ramaphosa’s game farm in Limpopo on 9 February 2020.
During Monday’s proceedings, defence lawyer Advocate Koena Matala, asked the court to delay the pre-trial, citing the late receipt of the “voluminous” docket.
“The state has been having the docket for almost a year, so why are we receiving it today? They have to be ready [but] we are not ready,” he told the court.
Matlala stated that consulting with his client won’t be “very easy” since he is detained at the Kgosi Mampuru II Correctional Centre in Pretoria, Gauteng.
He claimed that he must schedule an appointment for consultations and return at a later date.
READ MORE: Phala Phala farm saga coming back to haunt Ramaphosa?
The advocate added that this situation would create “financial constraints” for David.
“There are a lot of documents that require a lot of analysis from my side and with him when we are consulting.”
The defence plans to indicate their readiness to proceed to trial during the next court appearance, according to the Matlala.
“To postpone the matter for pre-trial will be a difficult mountain to climb on the day that the court will be sitting in, saying that you agree to the date for pre-trail, may it be for purposes of consultations and on the date of the 26th we will then inform the court on the readiness that we are in,” the lawyer said.
Matlala further hinted that David may apply for bail again.
“I will also have to get instructions to apply for bail on new facts.”
Magistrate Peter Manthata postponed the case to 26 November.
The matter was previously adjourned due to the absence of an Oshiwambo language interpreter.
Oshiwambo, spoken by the Ovambo people in parts of Namibia and southern Angola, is critical for ensuring proper communication in the case.
READ MORE: Hawks waiting to hear from NPA on Phala Phala prosecution – Lebeya
The Joseph siblings were granted bail in November 2023, with the state opting not to oppose their release.
Froliana’s bail was set at R5 000, while her brother’s bail was set at R10 000.
However, David Joseph faced a different outcome in December, when Magistrate Predeshni Ponnan denied him bail.
The magistrate cited substantial concerns that David might tamper with evidence or obstruct the investigation if released.
David’s defence has indicated his intention to plead not guilty during the trial.
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