POLOKWANE – “Amandla,” but no “Awethu”.
Former Polokwane businessman Jacques Nell got himself a stern warning from the magistrate in his bail application, Janine Ungerer, after he uttered this well known rallying cry from the bench on Monday and received no response.
As Ungerer was leaving the court room after postponing his bail application hearing, Nell shouting “Amandla” which evoked no response from those present.
Ungerer turned to Nell, ordering him to return to the holding cells. Nell then said he had done nothing wrong and that it was thanks to a conspiracy by the DA that he was kept in custody.
At the time of going to print yesterday afternoon, Nell’s application for bail was still being heard. It continues today.
The case was supposed to have resumed on Monday, but the prosecutor in the case was booked off until Wednesday.
Nell was arrested by the Hawks on charges of fraud amounting to nearly R10 million, which is a schedule 5 offence as described in the Criminal Procedures Act no 51 of 1977.
According to the charge sheet, Nell committed fraud by supplying Absa bank with false tax invoices to secure financing for two new DocuTech machines.
He is said to have misled the bank to secure finance for the machines, which resulted in the potential loss of some R9 million after Nell’s company, Data Master Office Automation CC, was voluntarily liquidated.
The actual loss incurred by Absa was some R1,7 million. Nell was the sole member of Data Master Office Automation CC.
The irregularities were uncovered during an investigation by the Hawks into government tenders that were awarded in an irregular, fraudulent or corrupt manner in various departments put under administration during December 2011.
The Hawks said they would oppose bail, as they considered Nell a flight risk.
In his first bail application court appearance on Friday, Nell stated he only had R20 000 left of the balance amounting to R650 000 after paying off his bond for the property he sold in Polokwane.
This amount was disproved by documents. He told the court the money was used for living expenses and he hadn’t earned any money since moving from Polokwane to Gauteng more than a year ago.
He stated he would “never” leave the country, as he had four children, one of whom was in gr. 12. Nell, who claims to be an assistant pastor, yesterday came to court dressed in an ANC-branded T-shirt and a Bible.
