The state has presented several reasons for opposing the bail application of National Coloured Congress (NCC) leader and MP Fadiel Adams.
On Wednesday, Adams appeared in the Pinetown Magistrate’s Court to apply for bail, at which an affidavit from the political killings task team (PKTT) investigator in charge of the case was read.
Adams was arrested on Tuesday, 5 May, in Cape Town.
His arrest followed a statement from the South African Police Service (Saps), which called on the MP to present himself at the nearest police station.
According to police spokesperson Athlenda Mathe, Adams was arrested in connection with a fraud case and for defeating and/or obstructing the course of justice.
Mathe said Adams was arrested over allegations that he interfered with ongoing investigations into the murder of the late ANC Youth League leader Sindiso Magaqa.
State opposes Adams’ bail
During his court appearance, the state presented several reasons for opposing Adams’ bail application, all of which concern his recent conduct.
The state argued that, upon learning there was a warrant for his arrest, Adams did not hand himself in to the police. Instead, he posted a video on social media, admitting to knowing about the warrant and insulting PKTT leaders, calling them criminals. The footage was played in court.
“The applicant’s utterances and conduct indicate his resentment against the PKTT team. He is currently charged with interfering with matters under investigation by the PKTT team. He has, on numerous occasions, made public comments that may be viewed as defamation of character against the PKTT team and people he perceives as linked to the PKTT team,” argued the state.
“The same can be seen on the video footage played in court.”
Defamation
The state presented evidence that this was not his first time making defamatory comments against those he disagreed with, citing a 2023 case brought by the City of Cape Town municipal manager.
“He was, amongst others, ordered to remove the social media post containing the utterances. Instead of adhering to the court order by the Equality Court, he posted again, disregarding the said court order.
“His disregard of the said court order led to the complaint to the complainant city of Cape Town manager to open a criminal charge against him under docket Cape Town central case 311 of 3 of 2024. He was brought to court for that.
“The National Prosecuting Authority intervened and there was mediation between the parties, which led to the charges being withdrawn. This has not stopped the applicant from making reckless statements without facts despite his past conduct. He continued calling people names and using language that may be interpreted as insulting and defaming people’s characters. It all depends on those he labels names and defame their characters to open cases against him.
“The video clips that we played in this court are evident to that. There is all likelihood that he will continue doing so and he has done at this position to continue doing so.”
Evading trial
The state further argued that, should Adams be released on bail, he would attempt to evade trial.
“The applicant’s conduct after he was made aware of the warrant for his arrest is indicative of someone who is prepared to evade trial. It took a lot of effort to trace him. He deliberately switched off his phone when outside the parliamentary precinct.
“His own attorney struggled to get hold of him. He himself mentioned in one of the video clips that he is a fugitive and even linked himself to the well-known actor Harrison Ford in the movie The Fugitive. He made fun of the South African Police Service and the criminal justice system. The charges he is facing are indicative of that.”
The state said the police’s difficulty in finding him across several home addresses was indicative of someone who could not be traced.
“My team and I were provided with a deed of transfer for a property situated in Cape Town, transferred on 21 January 2026, as proof of residence for the applicant. His name is not mentioned in the deed of transfer. There is, therefore, no documentary proof that this is his property,” argued the state.
The other address given is the parliamentary precinct.
“Should that position [of being an MP] change, he will cease occupying that place. In all intents and purposes, the property belongs to the Department of Public Works and not him. The applicant is facing very serious charges, which he partially admits in his video clips to having committed, and faces a jail sentence that might cause him to lose his position as a member of the Legislative Assembly. This, on its own, is an incentive to evade trial.”
Adams ‘will influence witnesses’
The state argued that if Adams were released on bail, he would influence or intimidate witnesses or destroy evidence.
“The applicant, upon learning of his imminent arrest, contacted a state witness several times, whom he knew was involved in the matter. He wanted the witness to send him a statement that he had made to the police in this investigation.
“Even before his arrest, the applicant already interfered with the state witnesses and demanded a sworn statement that the witness made to the police.
“It is well-established knowledge that the applicant was in possession of classified crime intelligence. He alleges that the same was put under his door and he found it there. Whether this is true or not still stands to be proven. The fact of the matter is that he was in possession of classified information.”
The state argued against Adams’ release on bail, saying by evading arrest and insulting police officers in a video shared on social media, “a Member of parliament and lawmaker gave the court a middle finger.”
