South African court to decide on bail application of former minister

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South African court to decide on bail application of former minister

2:01 CAT | 31 Jan 2019

Today's session at Kempton Park Magistrate Court. Photo: O País

The Kempton Park court outside Johannesburg, South Africa, is expected to today announce a decision on the bail application presented by former Mozambican finance minister Manual Chang’s defence team.

Detained in South Africa since late December, Chang is accused of fraud and money laundering by the United States as part of the investigation into Mozambique’s `hidden debts’.

Last week, Chang’s legal team asked the South African court to release the former minister and current Frelimo Assembly of the Republic deputy on bail, alleging unsatisfactory jail conditions.

On January 24, Judge Sagra Subroyen postponed the decision on Chang’s release, claiming that she needed more time to review all the documentation handed to her.

South African prosecutor Elivera Dreyer reiterated on the same occasion that she opposes Chang’s release because she believes that “there is a risk of escape”, that “the charges are serious” and that the former minister “seems to be a person with financial resources” who could “run away to any location”.

“Experience has taught us how easy it is to get fake IDs,” the prosecutor added.

The former minister’s defence had on 18 January decided to postpone his bail application after a further extradition request was presented, this time by the Mozambican authorities and dated 10 January, defence lawyer Rudi Krause said.

The Kempton Park court postponed to February 5 its decision on “which of the two requests for extradition – United States or Mozambique – will merit the preference of the South African authorities”.

On Tuesday, January 29, the Standing Commission of the Assembly of the Republic of Mozambique consented to the pre-trial detention of deputy Manuel Chang in Mozambique, despite the fact that the main opposition party called it a “gross violation” of the Constitution.

“We decided in favour of the Supreme Court’s request,” First Vice-President of the Assembly of the Republic António Amélia said immediately after the Standing Commission session.

On 24 January, the Mozambican Supreme Court requested Parliament’s consent to the imposition of the maximum coercive measure, pre-trial detention, on the Frelimo deputy and former Mozambican finance minister, in the context of investigations into the ‘hidden debts’ scandal.

“It is necessary to clarify that the Standing Commission did not authorise the lifting of immunity because it cannot do so, and also because that was not the Supreme Court’s request.” “At this moment, it is up to the Supreme Court to strictly enforce the law,” Amélia said.

The opposition Renamo (National Resistance Mozambican) party abandoned the session, and said afterwards that the Standing Commission’s decision grossly violated the Constitution, emphasising that “pre-trial detention cannot be imposed upon a deputy who still enjoys immunity”.

Manuel Chang, 63, was detained on 29 December in South Africa while on his way to Dubai, as part of a lawsuit involving three former Credit Suisse employees and one manager at Privinvest, the supplier of the equipment bought with money from the loans guaranteed by the Mozambican state without parliament consent.

Chang, who is accused by US prosecutors of receiving at least five million dollars in bribes, was Mozambique’s finance minister between 2005 and 2010 in the government headed by former president Armando Guebuza, the predecessor of Filipe Nyusi, who held the defence portfolio in that administration.

Finance minister at the time, Chang who endorsed debts of over US$2 billion contracted in favour of Ematum, Proindicus and MAM, the public companies referred to in the US indictment as having allegedly been created for the purpose in the maritime safety and fisheries sectors between 2013 and 2014.