IPHC Jerusalema faction leader Mike Sandlana to know his fate on Monday

Judgment in the bail application of the corruption-accused leader of one of the factions of the International Pentecostal Holiness Church, Mike Sandlana, will be handed down next Monday.

Sandlana is accused of bribing high court judge Portia Phahlane to deliver a favourable judgment in a succession dispute involving three men in the wealthy church.

The state opposed his release on bail and, as the proceedings continued on Monday, presented a supplementary affidavit by the investigating officer, Ludi Rolf Schnelle, containing new facts.

The state accused Sandlana of securing the biased support of an alleged doctor who is also a loyal church follower to exaggerate and overstate his medical condition to get sympathy from the court.

This came after the state discovered that Sandlana had attempted to make an urgent application to the Pretoria high court on December 1 to be released from custody due to medical reasons, despite his initial pending scheduled bail application in the Pretoria specialised commercial crimes court on December 3.

Sandlana and his spokesperson, Vusi Ndala, were arrested in November together with judge Phahlane, who presided over the controversial legal battle for control of the church.

Phahlane’s son, Kagiso, was also arrested and was granted bail together with his mother and Ndala.

On Monday, the state submitted a supplementary affidavit by Schnelle, shedding light on evidence and circumstances as they oppose his release on bail.

Schnelle said Sandlana had secured the biased support of an alleged family doctor, Aluwani Sabata, who is also a loyal church follower, to exaggerate and overstate his medical condition to get sympathy from the court.

This after he had allegedly suffered an alleged asthma attack while in prison.

The state told the court no historical data had been presented by Sebata to prove a pattern or long-term illness.

“It’s a clear sign of desperation by the applicant to get Sebata to provide a list of illnesses that are not life-threatening. The further desperation is evident in that the applicant attempted through his co-accused attorney Ramothwala to lodge a deceitful and misleading urgent motion application in the high court to be released on bail,” said the state.

Sandlana initially abandoned his bail application in the specialised commercial crimes court on December 3, with his lawyers stating that they were not ready to proceed.

“I find this peculiar, as the applicant and his legal representatives were pushing to place their urgent application to be released on bail at the high court together with founding affidavits and supporting affidavits on December 1, but when the actual bail application was to be heard two days later, on December 3, they were not ready,” Schnelle said in his affidavit.

He said Sandlana’s medical conditions and his medical “emergency” were not highlighted by his legal representatives to him, the prosecution or the court during his appearances on November 26 and December 3.

Schnelle said he also established that Sebata is a devoted and faithful follower of Sandlana and his church, and has been a member of the church for many years.

Schnelle added he was provided with feedback by home affairs officials on December 9 on the various interviews they had with Sandlana’s family members.

He stated that the family members were all very scared and did not voluntarily provide the information required of them.

In closing arguments, state prosecutor Willem van Zyl argued that it wouldn’t be in the interest of justice to release Sandlana on bail as he has repeatedly lied to the court about his identity and also committed some of the crimes while out on bail.

He also told the court that while being charged with fraud in a Pretoria regional court matter where he allegedly faked his estranged wife’s death, Sandlana downplayed his role in the matter and the strength of the state’s case.

Further, he pointed out that in his chain of lies, Sandlana had provided different addresses in his different court applications and/affidavits and also lied about his whereabouts when police wanted to effect an arrest.

Van zyl said the family doctor’s report also contradicted Sandlana’s account and that his health conditions were exaggerated and overplayed.

“I don’t really know who this man before court is, he has too many names, too many identity numbers. This is a man who commits serious offences while out on bail and lies about why he obtained identities, who lied about getting two passports and why he only listed the first one,” he said.

Defence lawyer Adv Christo Meiring said the investgating officer had gone out of his way to create suspicion without proper basis.

He also argued that there was nothing sinister with Sandlana approaching the court with an urgent notice of motion for bail as he had a genuine concern about his health.

“He is saying, I got sick, we were advised to approach the high court on an urgent basis. He was already aware of the fact that his bail application was scheduled for December 3, but that was still a few days away,” he said.

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