Lucas Legabe raised concern about prison conditions, including overcrowding and limited ventilation.
A 49-year-old man linked to the theft of cocaine in Port Shepstone, KwaZulu-Natal (KZN), has claimed he will suffer if he is forced to remain in custody pending trial.
Lucas Legabe appeared before the Port Shepstone Magistrates’ Court on Tuesday, 8 September 2026, for the hearing of his bail application.
This follows his arrest by the South African Police Service (Saps) in Pretoria, Gauteng, on 7 August.
Port Shepstone cocaine theft
The case relates to the disappearance of 541kg of cocaine worth an estimated R200 million.
The consignment was initially seized in June 2021 at a CHC container depot in Isipingo, south of Durban.
The cocaine, packed into 27 bags, was later moved to a storage facility of the Directorate for Priority Crime Investigation (DPCI), known as the Hawks, in Port Shepstone.
The facility reportedly lacked an alarm system or surveillance cameras, with a lack of space at other police stations cited as a reason for the arrangement, according to testimony heard at the Madlanga commission.
The theft subsequently took place in November 2021, amid allegations that Hawks officers may have been involved.
The police have not ruled out further arrests as investigations continue.
Accused rejects allegations
Legabe, a businessman and father of five, rejected the theft and drug dealing charges against him during Tuesday’s proceedings.
“I deny any involvement in the matter and was not responsible for the actions mentioned by the state,” he said in an affidavit read out by his lawyer.
The suspect argued that there was no reason for him to remain behind bars while the case proceeded, noting that he had no previous convictions and no pending criminal cases.
He also sought to convince the court that he did not pose a danger to witnesses or the public.
“I’ve no disposition to violence. I will turn 50 in December this year, and I’ve never been convicted of any offence where violence is an element of the offence.
“This is indicative of the fact that I’m not a violent person,” Legabe contended.
Health concerns also formed part of Legabe’s bail application.
He told the court that he suffers from asthma in addition to sinusitis and relies on chronic medication.
Legabe argued that overcrowded prison conditions were not “conducive” for an individual like him and could worsen his condition.
“It is not a healthy environment, and fellow inmates don’t have any respect for a person’s health.
“They constantly smoke all sorts of stuff inside the cells. With very little fresh air in the cell environment, I can’t sleep at night because I’m constantly blocked.
“The overcrowding of the cells is a constant problem with far more inmates in one cell as it is built for. That exacerbates my situation even further.”
Legabe also alleged that he was assaulted and tortured during the investigation, claiming that this was done to force him to implicate police officers in the theft.
Hawks reject link to Madlanga commission
Meanwhile, the Hawks have rejected any suggestion that Legabe’s arrest was triggered by evidence emerging at the Madlanga commission.
Hawks spokesperson Katlego Mogale told reporters outside the court that the investigation had been underway for years before Legabe was arrested.
“The investigation was happening, and the arrest did not come into effect because of what was mentioned at the Madlanga commission, but from pure intelligence-driven operations that have been conducted in the few years culminating in the arrest.”
The matter will continue before the Port Shepstone Magistrates’ Court on Wednesday, 9 September.