Desiree Liebenberg's bail appeal rejected
Louis Liebenberg's wife Desiree Liebenberg will await her trial in jail after the high court turned down her appeal against the refusal to grant her bail.
Image: Timothy Bernard / Independent Newspapers
In yet another blow for Desiree Liebenberg, wife of diamond dealer Louis Liebenberg, the Gauteng High Court, Pretoria, turned down her appeal bid against the earlier refusal to grant her bail.
The Bronkhorstspruit Magistrate's Court in November refused her bail as it found that she is a flight risk. The lower court also found that she did not play open cards about where she would stay if she was granted bail.
On Friday, Judge Mashudu Munzhelele found that the magistrate did not err in refusing bail for Liebenberg. Apart from the fact that it is still vague as to which address she will reside if she was to be released, the judge also found that the State had a strong case against her.
She was arrested in October last year, alongside her husband, relating to charges including racketeering, money laundering, fraud, theft, and corruption. In opposing bail, the State said it had a strong case against her and that it is not in the interest of justice to be released while awaiting trial.
It also argued that she was a flight risk because she had access to at least R200 million that her husband claims to have hidden away from authorities.
While Liebenberg said the investigating officer did confirm her residential address, the State argued that she gave two residential addresses to the investigating team to verify. One is a rented property in Bronkhorstspruit and the other a rental in Bloemfontein.
While Liebenberg was said to have stayed with her husband in the Bronkhorstspruit property, the Bloemfontein one was apparently only used for her immovable property.
Liebenberg provided the court with a third address and a statement from a friend who is willing to let her stay with them if she was to be released on bail. But the State also objected to this, as this address was never given to the investigating officer to verify.
The court was told that given the fact that the Liebenberg couple had employed bodyguards to keep them safe before their arrest and statements made to court that they lived in fear, the State said if she was to be released, she would clearly have to go into hiding.
It was also argued that Liebenberg tried to mislead the court about her employment, as she mentioned directorship of only three of her husband's companies, while she was allegedly the director of 18 companies.
Louis will meanwhile return to the Bronkhorstspruit Magistrate's Court on July 8, when he is expected to apply for bail. This is after he had earlier abandoned his bail application.
The couple, together with their co-accused; Magdelena Petronella Kleynhans, Johannes Petrus Badenhorst, Helena Dorothea Amy Schulenburg, Adriaan Dewald Strydom, Christelle Badenhorst, Nicolize van Heerden, and Walter Niendinger, are still to plead on the 42 charges against them.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
4 hours ago
- IOL News
Zandile Gumede's lawyer claims State has ignored court order in fraud investigation
Former eThekwini mayor Zandile Gumede and her spokesperson, Siphelele Jiyane, outside the Durban High Court. Image: Tumi Pakkies / Independent Newspapers It has been 10 days since the Durban High Court issued an order compelling the State to disclose evidence regarding a fraud investigation into former mayor of eThekwini, Zandile Gumede. However, her lawyer says the State has not honoured the court's order. Gumede is currently on trial with 21 others for money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the R320 million Durban Solid Waste (DSW) tender. The evidence sought by the defence is a report done by Masama Consulting, which found that the appointment of the Integrity Forensic Solutions (IFS) was unlawfully made by eThekwini's City Integrity and Investigations Unit (CIIU). According to the evidence before the court, CIIU received a stack of documents alleging irregularities in the DSW tender. The IFS was then hired to look into it. Following an investigation by the IFS, the Hawks were given the case, and arrests were made. On Friday morning, Gumede's counsel, advocate Jay Naidoo SC, told the court that the 10 days had passed and the State had not given him anything. Counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, told the court that they were waiting for the eThekwini city manager's response. 'Two days after the order was issued, the investigating officer served it to the accounting officer (city manager), and we haven't received a response,' she said. Judge Sharmaine Balton said the municipality should comply with the court order. Balton said the State needed to give the defence, among other things, a whistle-blower report dated May 9, 2023, the forensic investigation report, together with all annexures compiled by Masama Consulting (mostly referred to as the Masama report), and the CIIU's recommendations on actions to be taken. Additionally, she said a copy of the record of the disciplinary proceedings instituted against the CIIU's top investigator by the municipality should be made available to the defence. She added that a charge sheet served on the CIIU investigator and the outcome of the disciplinary tribunal must be given to the defence. Additionally, the matter was postponed to Monday as the new witness, Zithulele Mkhize, did not take the stand. This was due to the 13th accused, Mkhize, being sick. His counsel, advocate Willie Lombard, told the court that his client was sick and handed in a medical report. He submitted a copy and an original medical report.
IOL News
12 hours ago
- IOL News
Law Society tackles Judge Ratha Mokgoatlheng over racially charged courtroom outburst
Presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng has sparked outrage following his court outburst. Image: Simphiwe Mbokazi/Independent Newspapers The Law Society of South Africa is taking on presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng following his court outburst where he made several remarks with racial undertones. Mokgoatlheng on Thursday expressed outrage in court after learning that defence advocate Charles Mnisi has written to his registrar, requested to be excused from proceedings on Monday, to participate in the Comrades Marathon. The judge, visibly furious, made it clear that the seriousness of the Meyiwa murder trial could not be sidelined for personal activities. The judge also sharply raised the issue of decorum among the defence lawyers representing the five men accused of killing Meyiwa. Mokgoatlheng made the comment after advocate Charles Mnisi requested to be excused from proceedings on Monday to participate in the Comrades Marathon. Get your news on the go, click here to join the IOL News WhatsApp channel. "This is what happens in a South Africa run by blacks. I can tell you now, even if you call Uncle Tom, I don't think a white advocate will ever have the gall to ask me that. Never," said Mokgoatlheng. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ "I'm not going to respond. If Mr Mnisi doesn't want to come to court on Monday, that's his business. I will be in court and the JP (judge president) expects me to be in court," said Mokgoatlheng. "Can't tell the JP somebody's going to run the marathon. So, the case should stop. Everybody should watch the marathon, I suppose." He referenced several other judges who are athletes, including Judge Boissie Mbha and Constitutional Court Judge Rammaka Mathopo, pointing out that none of them have ever let athletic commitments interfere with their judicial responsibilities. Advocate Charles Mnisi Image: Oupa Mokoena/Independent Newspapers Speaking to broadcaster Newzroom Afrika, president of the Law Society of South Africa, Nkosana Mvundlela said Mokgoatlheng's remarks were out of line. 'It is a very unfortunate statement made by a presiding officer who has taken oath to defend and protect the rule of law and democracy. It is very saddening that almost 11 months ago, we were addressing the very same issue of these disparaging remarks that are made by a judge presiding in this matter,' said Mvundlela. 'It cannot be correct that judicial officers sit there and instead of addressing issues which they are unhappy with, the conduct of a practitioner who has written a letter or a note to them or via a registrar as they ought to and then they read it out to the public. 'In an unprovoked manner, a person then goes out and makes such unfortunate remarks. It is a sad day in South Africa that we are sitting with this kind of a conversation,' he said. Mvundlela said Mokgoatlheng's black and white comparisons cannot be divorced from racial connotations. 'It is a sad race remark which we call on to find a way of desisting from this thing particularly because it is a repeat conduct which we have already lamented about last year. It is rearing its ugly head again in his court. We would have expected him to understand that from where we sit as the Law Society of South Africa, we strive every day with our members - white, black, Indians and coloureds to ensure that we unite them,' said Mvundlela. 'Instead, a presiding officer sits there and draws comparisons of race undertones suggesting that it is because of your colour that you are thinking this way or that way. It is not something that we would not like to condone.' Mvundlela said as Mnisi had done, ethically, officers of the court are expected to address the judge through the registrar. The Law Society of South Africa reiterated that it does not understand why the judge took exception with Mnisi writing to the judge's registrar, seeking to be excused from court. 'I wouldn't somewhat decry those that feel that it is about time the matter is reported to the JSC (Judicial Service Commission) and the Judicial Conduct Committee must investigate this kind of conduct and make a finding about it, because if judicial officers are the ones going to be speaking against the Constitution, making racist remarks or any remarks that have an undertone of race in them to depict ability, inability or conduct akin to unacceptability, then we find it normal as society that we must accept it," said Mvundlela. 'We should actually call it what it is. When judicial officers are presiding, their job is to ensure they attract at least a sense of responsibility to themselves, to the society, that the society must continue trusting the justice system. Now, when people get there and speak with racial undertones, they are not attracting that kind of attitude towards the judicial system itself." On Thursday night, IOL reported that chairperson of the portfolio committee on Justice and Constitutional Development, Xola Nqola, has demanded that Mokgoatlheng apologises to the national over the racially charged comments.
IOL News
a day ago
- IOL News
Mourners gather to pay tribute to murdered child, Likhona Fose
Scores of community members of Durban Deep, Roodepoort and anti-GBV organisations came out in their numbers to support the grieving family of 14-year-old Likhona Fose, who was mutilated and killed in the area. Image: Itumeleng English / Independent Newspapers City of Joburg Mayor, Dada Morero has called on the police to find the people responsible for murdering Likhona Fose, 14. Fose, a Grade 8 pupil at Ikusasalethu Secondary School in Braamfischerville, was found dead with her body mutilated in an empty field on Sunday, 1 June 2025, sparking reports of possible muthi and hate crime-related murder. On Thursday, Morero joined scores of mourners, including family, friends, learners from various schools and members of the Johannesburg City Council and MEC for education, Matome Chiloane and other officials who mourned the tragic manner in which the child died. The memorial service held at the Nkone Maruping Primary School in Braamfischerville attracted throngs of sympathisers who decried the scourge of GBVF and other violent crimes against women and children. The discovery of Fose's mutilated body coincided with Child Protection Week which started on May 29 and ended on Thursday. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Speaking to the mourners gathered at the Nkone Maruping Primary School, also in Braamfischerville, Morero said those responsible for Fose's death and who deal with body parts of young people will never be rich. "Body parts will not make you rich. We want to tell our people that to get rich they must wake up in the morning and work hard. It is painful to lose a child like this. As the city, we are here to comfort the family. Your child was killed by criminals, and I hope the police will do everything in their power to find the perpetrator so that justice is done," he said. On Wednesday, former Chief of the JMPD, David Tembe, who visited the family indicated that the JMPD and other law enforcement agencies would prioritise police visibility in the area. "This is no longer business as usual. The brutal murder of Likhona Fose has shaken the soul of our city. As the Public Safety leadership, we are declaring war on crime as we will be unleashing every tactical unit on the killers. "We are coming for those who think our children are targets. Johannesburg will not be a playground for criminals. We owe Likhona justice, we owe our people safety and we will deliver, no compromise, no retreat," he stated.
