FORMER North West ANC treasurer Suliman Carrim is fighting to get out of jail while challenging evidence police allegedly obtained from his cellphone.
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Carrim appeared in the Musina Magistrates Court on Monday, 9 November, where his lawyers questioned whether WhatsApp messages had been lawfully downloaded from his seized phone.
Police took the phone when he was arrested at OR Tambo International Airport on 15 October.
According to the defence, the investigating officer later downloaded WhatsApp messages from the device. Carrim denied giving permission and said he had never been shown a search warrant authorising the download.
I did not consent to the downloading of my phone. No search warrant authorising that download has been shown to me.
— Carrim stated.
He also made it clear that he intended to challenge how the information was obtained and presented in court.
“I reserve my right to challenge how the information was obtained and presented,” he said.
The state was expected to hand over the WhatsApp messages.
State raises flight-risk concerns
The cellphone dispute was one of several issues raised during the bail proceedings. The state argued that Carrim should remain behind bars because he could flee the country.
Investigating officer Captain Jimmy Kubayi, from the Commission Recommendations Task Team, told the court that Carrim had failed to disclose eight properties.
Kubayi also raised concerns about a R30 million bond Carrim was allegedly paying, arguing that it was far above his declared monthly income.
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His alleged residency rights in the United Arab Emirates (UAE) were another concern for the state.
“The applicant has residency in the UAE, which offers the right to reside there, a country which has shown some unwillingness to extradite suspects to the Republic of South Africa,” Kubayi argued.
Carrim disputed the state’s version, saying some of the properties belonged to separate companies.
“I did not claim that the properties named were an exhaustive list of every personal and company asset,” he stated.
His lawyers also argued that a house rented by his second wife should not be treated as his property.
Madlanga Commission bail condition disputed
The investigating officer also accused Carrim of failing to comply with a bail condition imposed in a separate matter involving the Madlanga Commission.
Carrim was granted R100 000 bail in that matter on 28 October, subject to conditions that included making arrangements for his next appearance before the commission.
Kubayi argued that the alleged failure to comply raised concerns about whether Carrim would respect future court conditions.
“This does not work well for future compliance,” he claimed.
However, the defence said the condition was directed at Carrim’s legal representatives, who had written to the commission within 48 hours.
His lawyers also relied on inpatient medical records to support claims about his illness.
Kubayi rejected the argument, saying there was no medical evidence before the court confirming that Carrim had been unfit to attend court or the commission.
Not a single doctor’s letter has been presented to this court stating that the applicant was at any time unfit to attend court or the commission.
Carrim denies involvement in vehicle case
Carrim faces charges linked to two financed vehicles intercepted at the Beitbridge border post on 22 July while allegedly being transported to Malawi.
Two co-accused were arrested that day, while Carrim was added to the case on 22 October.
He denied knowing about or being involved in any arrangement to transport the vehicles across the border.
“I knew nothing of an alleged arrangement with Mr Mpatso Lunga or the promised payment of R4 000. At the time I was a patient in Cape Town,” he said.
His legal team argued that ABSA had previously approved a trip to Malawi and later released the vehicles to Ziggy Investments CC.
They also claimed the state stopped accepting guilty pleas from the co-accused after Carrim was added to the matter.
His lawyers also questioned the money laundering charge. They asked how vehicles that were already financed could be regarded as proceeds of unlawful activities.
“The state must explain how these already financed vehicles became proceeds of unlawful activity,” counsel submitted.
Defence proposes strict bail conditions
Despite the state’s concerns that Carrim could flee, his lawyers maintained that he could be released under strict conditions.
They argued that his passport was already with the investigating officer and that having foreign connections did not automatically make someone a flight risk.
“The applicant has a verified home address. The court can require him to live there, report to the police, attend every hearing and remain in South Africa,” his counsel argued.
Carrim also said he was prepared to give up international travel while the case continued.
“I am willing to accept a condition prohibiting all international travel without prior permission from the competent court,” he said.
The defence committed to submitting written heads of argument and correspondence with the Madlanga Commission before the next court appearance.
The matter was postponed to Monday, 16 November 2026.
