Brothers George Cloete and Bino Cloete, who are facing charges for violating the Prevention of Organised Crime Act and for illicit trafficking under the Diamond Act, have been denied bail by the Keetmanshoop Magistrate’s Court. They have been in police custody since May of last year.
Ruling on the brother's bail application, Magistrate Mulonda Masuka ruled the applicants failed to persuade the court that their release on bail would not prejudice the interest of justice or the administration of justice.
He stated the serious nature of the offences, incomplete cross-border investigations, and the movement of property linked to the investigation, as well as the applicants’ ability to mobilise substantial resources, persuaded the court that the risks identified by the state remain substantial.
The risks include that the applicants may interfere with the investigation and abscond to evade the long custodial sentence if convicted.
The magistrate remarked, "Justice, when slow in its dawning, shines brightest when reason leads it home."
He noted both applicants have community ties, family responsibilities, and fixed property addresses, and these factors weigh in their favour.
However, he added that these factors do not automatically neutralise risks identified by the state, especially in matters involving organised economic offences where the mobility of assets and access to financial resources may facilitate obstruction or evasion without the need for permanent relocation.
The brothers conducted their own defence during a large part of the bail application hearing after parting ways with their legal representative.