Allegations of witness interference threaten ex-attorney's bail application

ALLEGED incessant harassment and interference with witnesses threaten the bail release of a former attorney who has made an application after his release on warning was revoked as a result of breached conditions.

Siyakudumisa Mlunguza appeared in the Bellville Commercial Crimes Court on Thursday where an inquiry into his behaviour was held and bail application proceedings were heard.

Mlunguza faces several counts of theft of Trust Funds, which were payouts from the Road Accident Fund (RAF) for his clients. The complainants include the RAF and the Legal Practitioners Fidelity Fund.

On Thursday, the court heard various instances during which Mlunguza allegedly intimidated, harassed, and interfered with State witnesses in an attempt to get charges withdrawn against him.

The State canvassed their opposition to his release on bail citing that his continuous interference with witnesses breached his warning conditions. It confirmed that it has added charges to the matter, which relates to the obstruction of administration of justice and a charge of fraud.

The State opposed the bail release of Mlunguza who said, through his legal counsel, he has an alternative address in Kraaifontein.

The court ordered that the accused be kept in custody pending the inquiry.

The court also heard evidence from investigating officer for the Hawks, Captain Wilma Delport, that at a previous court appearance on November 1, 2024, Mlunguza allegedly interfered with two witnesses attending court proceedings.

According to Delport, after court proceedings on that day, the witnesses informed her that they were approached by Mlunguza while they were in the court foyer. He had allegedly told them to withdraw the charges against him and that he would “pay back the money he had stolen from them”. 

According to Delport, the witnesses informed her that Mlunguza wanted to arrange a meeting at his home to sign a document regarding the payment of the funds.

One of the witnesses said she felt intimidated by Mlunguza, who allegedly threatened the safety of her son when he told her “I know what your son looks like”. 

The witnesses had then subsequently given their statements to Delport in this regard. 

Despite being warned by the court on January 29 to not interfere with witnesses, he continued to contact State witnesses.

The State confirmed they have added another State witness after Mlunguza interfered with the boyfriend of an already-added State witness. 

According to Delport, the boyfriend who owns a meat stall in Delft, had been visited on four occasions at his stall where Mlunguza, in an alleged drunken state, told him to tell the State witness to withdraw charges against him.

National Prosecuting Authority spokesperson, Eric Ntabazalila, said in another incident, during the week of September 1, 2025, it came to State advocate Siphokazi Makhanda’s attention that Mlunguza continued to have the Sheriff of the High Court harass another witness. 

“(He served) another State witness in this case - an attorney and an executor of the deceased estate in relation to this case - with a combined claim about the funds due to the deceased’s estate by the RAF. 

“The summons was fraudulent as the attorney who purportedly issued the summons denied issuing it nor the signature on the summons,” said Ntabazalila.

The State prosecutor had previously successfully submitted a notice in court to have the attorney’s warning release cancelled and to have him remanded in custody pending the inquiry. 

Mlunguza is in custody at the Goodwood Prison after his warning conditions were revoked.

Delport submitted to the court that even if a hefty bail amount was paid for his release and he lives at an alternative address, Mlunguza’s actions showed that he will undermine and possibly jeopardise the operation of the criminal justice system. 

“The accused has shown no regard to the court’s warning and the justice system. These interferences must be viewed in a serious light as we do not know the extent to which the accused would go. We have seen instances where witnesses are even killed at court,” said Delport. 

The matter continues. 

Cape Times