Johannesburg - In something that reads like an intriguing novel, a Lenasia family is desperately trying to get bail of R4 million reduced for a mother, who is languishing in prison on kidnapping charges.
Sadiyya Charloos, a well-known caterer in Lenasia, has been in prison for 11 months. She was arrested with her husband, Faizal, in 2022.
The family is adamant that the woman is innocent of all charges.
Independent Newspapers spoke to the couple’s daughter, who requested to remain anonymous, about the mother’s case and what seems like an exorbitant bail amount.
When asked about her father, the young woman’s initial response was: “I’d prefer not to talk about my father right now.”
It later emerged that the woman was arrested with her husband after police raided their home, and found R3.2 million in cash stashed in a kitchen cupboard. Police also found a 9mm pistol in the husband’s bedroom drawer and an AK 47 rifle hidden in their garage. Both guns are unlicensed.
The daughter, when speaking to Independent Newspapers, did not mention anything about both parents being arrested for kidnapping. She also did not mention anything about the money or the guns being found in their home.
“My mother works from home. She hardly goes out and she doesn’t know the people who they say she kidnapped. None of us even know the people who were kidnapped”, the daughter said.
The couple is among nine accused facing charges related to several kidnappings in Lenasia. One of the victims was found guarded by three men in a different house.
The attorney representing Sadiyya Charloos, Johan Eksteen from BDL Attorneys in Rosebank, said several appeals to the courts to get the bail amount reduced had been unsuccessful.
“We are now trying to register the couple’s home as security for bail but the judge denied even that. We are appealing. The woman is innocent and it’s believed the husband is the mastermind behind the kidnapping charges,” he said.
Bail for the husband was denied at the start of the case and he did not appeal that decision. It also came to light that a warrant of arrest was out for Faizal for a previous kidnapping case, where R20 million in ransom was paid.
“Sadiyya wasn’t involved but she was unable to explain where the R3.2 million found in the home came from. The husband accepted responsibility for the 9mm pistol found in his bedroom drawer but nobody has been able to explain where the AK 47 came from,” said Eksteen.
He added that the matter was now with the Director of Public Prosecutions to determine the charges against Sadiyya.
“She has been implicated in the kidnapping but the charges against her for possession of the firearms will be difficult to prove. She said she did not know about the money in the kitchen cupboard. I believe we have a good defence for Sadiyya,” he added.
The daughter told Independent Newspapers that her mother a caterer who worked from home, selling food, claimed that her mom did not know the contents of her kitchen cupboards.
It’s believed the kidnapping victims are successful business people in Lenasia and may have been targeted for this reason. Eksteen said it’s also very likely the matter will be referred to the High Court for trial.
Renowned criminal advocate, William Booth said the Criminal Procedure Act stipulates that, depending on the seriousness of the charges, bail is set high or denied, if the court feels the suspect might be a flight risk or may interfere with witnesses.
“The court can set certain bail conditions, take away the suspect’s passport or require the person to check in at their local police station daily. The courts will also look at whether an accused person can in fact afford bail. You can also appeal if bail is denied and the court will look at income or what you can offer as security,” Booth said.
Police spokesperson, Brigadier Athlende Mathe said, “the suspect is still in police custody. Her husband Faizal Charloos is also in custody.”
A police source said: “Yes she tried to get bail in the high court and the high court said that she has a case to answer and granted bail on condition that she pays R4 million in bail. She tried to appeal it several times and lost the appeals.”
According to Mathe, Gauteng and the Western Cape are the top two provinces for kidnappings.
It’s believed the kidnapping victims are successful business people in Lenasia and may have been targeted for this reason. Eksteen said it’s also very likely the matter will be referred to the High Court for trial. The matter will resume on Wednesday for the application f the bail amount to be reduced.