Fadiel Adams in the dock
Image: Sibonelo Ngcobo/Independent Media
Fadiel Adams will remain behind bars until next week after he appeared in the Pinetown Magistrate’s Court in KwaZulu- Natal on Thursday.
Adams, a member of Parliament and leader of the National Coloured Congress (NCC), was officially charged with two counts of defeating or obstructing the administration of justice and three counts of fraud.
Adams was arrested on Tuesday in Cape Town and faces charges of defeating the ends of justice for allegedly interfering with Sindiso Magaqa’s murder case, who was killed in 2017.
The State is of the opinion that Adams acted unlawfully under the guise of his MP status, went to visit to the suspected hitman, Sibusiso Ncengwa, in the Magaqa murder.
In 2024, Adams flew to Durban and was allegedly whisked away with blue lights by police to the Westville Correctional Facility to meet the accused. Police said the visit took place while they were still investigating the matter, and the matter was partially being heard in court.
When entering the court, Adams kissed his mother’s forehead as he entered the dock.
The State opposed the release of Adams, stating that they needed to prepare for bail.
“The initial view for the State would have been to come and then request that he be released; however, the attitude of the prosecution has since changed. If the State did not oppose, it would be a dereliction of duties. Issues need to be put before the court. We request a reasonable opportunity to obtain material information,” the State submitted.
The State said part of the information needed is important for the bail application; they need to check the information which emanated from Adams’ press briefing, which was described as pertinent.
“He openly said that he is a fugitive. A fugitive, loose translation, is someone running from the law. It concerns us. He goes further to say, among his press briefings, ‘if you want to find me, you can come to find me. Or if you want to find me, arrest me,’ this is indicative of catch me if you can. Information the state seeks to procure is information relating to the applicant towards the courts and justice system,” the State submitted.
The State claimed Adams has used profanity towards the court and further interfered with state witnesses, to whom they would provide an affidavit to the court.
“There are also issues with the addresses. Some are not verified,” the State submitted. It requested that the court remand the matter until Wednesday, to which it would be ready to proceed.
Adams’ legal representative, Bruce Hendricks, who flew out to KZN on Wednesday evening, opposed a postponement, stating they were ready for a bail application.
Hendricks also supplied the magistrate with the warrant, which was not handed in by the State.
Hendricks highlighted that the warrant was stamped by the KZN DPP on April 30, for a matter dated on January 24, 2025, more than a year ago.
“Today, they are seeking a postponement. We have insight into the application of the warrant; this was an inquiry matter first and not a docket. The basis for postponement today is not qualified,” he said.
“This is a matter of national interest. Mr Adams was arrested on May 5, 2026. Among other things, the State is asking to verify his address. What the state is not telling this court is that they arrested Mr Adams with a contingency at his Parliamentary address. How are they trying to verify an address?” Hendricks questioned.
He further stated the State was in Cape Town on May 2, looking for his client at an address he no longer resided at.
Hendricks told the court Adams had approached the Western Cape High Court on Monday, May 4, and an order was handed down for police to provide Adams with a copy of a warrant and supporting documents if it exists.
“Mr Adams, about three weeks ago, forwarded emails to the minister of this province and the acting minister of police, asking if there was a warrant and what he had to do. Furthermore, Mr Adams asked the police if they were aware of PKTT or any unit looking for him, and the answer was no,” Hendricks submitted.
Hendricks also pointed to the fact that the State continuously mentioned Adams’ behaviour, never expressing him to be a danger.
“What we have heard is that the State is upset with the media briefings Mr Adams had. My colleague said over and over the behaviour of Mr Adams. I looked at the Criminal Procedure Act, and I haven’t seen where behaviour plays any role,” he said.
Further stating that while noting Adams’ press briefings, the State was aware and watching, but someone came to the conclusion that Adams is a fugitive.
“While all the media houses and people could locate Mr Adams, they could have done the same. My colleague said the behaviour of Mr Adams is indicative of a ‘catch me if you can’, I respectfully say, that is surely not the case, that is merely the feeling of the State,” Hendricks submitted.
“If the defence can fly out here last night and be ready for a bail application, the State, which has had the docket for more than a year… Why are they saying today to this court, we are not ready? Surely, that cannot be justified. Surely it cannot be in the interest of justice to have Mr Adams in custody. He has a wife, children, all minors, and he has a bond to pay,” Hendricks said.
He further confirmed his client has no previous convictions, no pending matters or warrants and no protection orders against him.
“We have proof of his address provided by the Department of Public Works and Infrastructure. We have a title deed of his alternative address,” Hendricks submitted.
However, the Magistrate stated she would allow the State a remand.
The matter has been postponed until Wednesday, May 13.
robin.francke@iol.co.za
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