Four key points: Why the State opposes bail for Fadiel Adams

In opposing bail for National Coloured Congress leader and Member of Parliament, Fadiel Adams, Deputy Director of Public Prosecutions, Advocate Lawrence Gcaba, submitted to the court that the State had established the existence of four of the five grounds stipulated in Section 60(4) of the Criminal Procedure Act, arguing that bail should be refused.

Adams was in court on Wednesday for his bail application. He faces three counts of fraud and two counts of defeating the ends of justice. He will return to court on Friday.

Gcaba said the Act says, “The interests of justice do not permit the release from detention of an accused where one or more of the grounds are established”. 

1. Where there is the likelihood that the accused, if he or she were released on bail, will attempt to evade his or her trial

Gcaba said Adams knew as early as Saturday, May 2, that there was a warrant for his arrest, but he did not stay in his houses. Instead, he posted videos, where he mentioned The Fugitive, a movie starring Harrison Ford, indicating that the Political Killings Task Team went to certain addresses, looking for him and could not find him. 

“He calculated his moves to always be in the parliamentary precinct. That is where he was arrested. He confirms it. Because (created the) impression that ‘they won’t touch me’,” Gcaba said.  

“Is that not an attempt (to evade) on its own?” 

2. Where there is the likelihood that the accused, if he or she were released on bail, will attempt to influence or intimidate witnesses or to conceal or destroy evidence

Gcaba said that on Sunday, May 3, 2026, Adams contacted a witness via a WhatsApp video message, urgently requesting a conversation. Adams followed up with unanswered calls on Sunday and the early hours of Monday, May 4. Due to the high volume of calls, the witness eventually called Adams back via WhatsApp on May 4. The witness confronted Adams about the trouble he was causing. Later, Adams called again, but the witness did not answer, followed by a WhatsApp message asking the witness to email him their statement to the police. 

“... There is no way that you can stand here and say ‘I didn’t know who the witness was’... he knew who assisted him…  this is the person he was calling,” Gcaba said. 

3. Where there is the likelihood that the accused, if he or she were released on bail, will undermine or jeopardise the objectives or the proper functioning of the criminal justice system, including the bail system

In 2024, the Equality Court ordered Adams to remove social media posts, issue a public apology to City of Cape Town municipal manager Lungelo Mbandazayo, and complete racial sensitivity training at his own expense. This followed the court’s finding that Adams’ utterances constituted unfair discrimination, hate speech, and harassment. He was also ordered to report compliance to the court.

“What’s his response? Gcaba asked. ‘Lock me up. I won’t apologise to that p**s. The Equality Court finds that I’ve discriminated against the city manager who’s discriminated against us. F**k the court.’

“Now, has the state not established that he’s got a history of giving the courts middle fingers?” Gcaba asked. 

4. Where there is the likelihood that the accused, if he or she were released on bail, will endanger the safety of the public, any person against whom the offence in question was allegedly committed, or any other particular person or will commit a Schedule 1 offence

Gcaba said the same submissions feature here: ‘I’m not going to apologise to that.... F**k the court’.

He said Adams’ affidavit does not indicate how the matter was resolved. 

“He was addicted, if I can use that, to media frenzy during this time. Every day, he would call the media… He goes to use his TikTok… He was just addicted to being heard outside, and in the process, he’s calling people names,” Gcaba said. 

Gcaba added: “Is this the man who is supposed to be granted bail? I beg to differ.” 

thobeka.ngema@inl.co.za