THE man accused of masterminding the hijacking of numerous properties in Johannesburg appeared in court again on February 7 for a bail hearing.
Jonathan Constable was arrested on December 28.
On February 7, Constable, alongside co-accused Bongani Kathide, appeared again for their bail hearing.
Constable was asked about the location of his affiliated organisation, the National Immigration Council of South Africa (Nicsa), at which point he posed a question to the magistrate, Judge Bissesser.
Constable said he did not understand why he was in police custody if there was no charge sheet.
Constable said he believed his detention was proving unlawful.
He mentioned that he was arrested for property hijacking but was now facing charges of fraud, and he questioned how the two were linked.
He asked the prosecutor to explain how it was that he was in custody, and said his detention might be deemed unlawful in the Constitutional Court.
Bissesser called for a short recess, asking the prosecutor to draft a charge sheet in that time, but she asked for an extension to complete it.
When court resumed, Constable’s defence council, Dumisani Mabunda, reiterated that his clients were suffering in custody and said the State needed to elaborate and state the charges the accused were facing.
Mabunda said his client had a valid question which demanded clarity.
Constable’s next court appearance was scheduled for Monday, February 12, as the prosecution needed more time to draft the charge sheet.
Constable and Kathide remain in custody.
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