Naeem Essop's bail denied by Supreme Court of Appeal after lengthy legal battle

Phoenix businessman Naeem Essop, convicted of murder, has been denied bail pending a reconsideration decision by the President of the Supreme Court of Appeal (SCA), after more than 10 years of appeal legal battles.

Essop was originally sentenced by the Verulam Magistrate's Court in 2014 to 15 years' imprisonment for the murder of Rikesh Narain and two years for pointing a gun. He fatally shot Narain on October 8, 2013, at a home in Stanmore, Phoenix. In 2014, he successfully appealed against his conviction and sentence. 

However, the State had the murder charge reinstated, and Essop was re-sentenced in 2023 to 12 years' imprisonment for murder after standing trial.

Following this sentence, he was granted R10,000 bail pending his appeal on both sentence and conviction.

A full bench of the Pietermaritzburg High Court dismissed his appeal on June 13, 2025. Essop surrendered on June 23, 2025, and filed a petition to the SCA, successfully securing R10,000 bail by consent on August 14 pending the outcome of the petition.

When his petition to the SCA was dismissed, he surrendered again on September 8, remaining in custody since then to serve his sentence.

On September 10, he lodged a reconsideration application with the SCA President and applied for bail pending that application on September 16. His bail was refused on October 17.

An email on October 20 was received from the SCA chief registrar, indicated that the State's affidavit in the reconsideration application did not comply with the practice directive, as it exceeded the 10-page limit. Essop then applied for bail on new facts, arguing that his continued incarceration due to the delay caused by the State's non-compliance was unfair.

He stressed that he does not pose a flight risk, citing his successful business that employs 38 people and his substantial movable and immovable assets. Additionally, he emphasised his responsibility to an ill child and mother as further grounds.

The State opposed the bail application, arguing that the non-compliance was not a new fact, as it was known during the October bail application.

“He has not demonstrated that he is not a flight risk, as he has been untruthful in disclosing assets in his name, and there are limited appeal remedies now available to him; and he has no prospects of success of being granted leave to appeal in the reconsideration application,” said prosecutor K Singh

Judge Jacqueline Henriques agreed with the State, noting that Essop had exhausted most of his appeal remedies, which increased the risk of absconding.

“While this may indicate that he has ties to South Africa, it also places him in a unique position, not enjoyed by many, of having the financial means to abscond if he so desires. Although he has adhered to his bail conditions and handed himself over when called upon to do so, I have to bear in mind that his options are getting slimmer and slimmer,” she said.

She also noted that Essop's own affidavit indicated that the Constitutional Court would be his last resort after the SCA.

“I am not satisfied that the applicant has established a new fact warranting this court from considering this bail application,” the judge said. 

Judge Henqriques further stated that she did not foresee Essop succeeding at the SCA.

 nomonde.zondi@inl.co.za