Stuart Scharnick Granted R5,000 Bail but Faces Another Bail Hearing in Pietermaritzburg
Businessman Stuart Scharnick has been granted R5,000 bail by the Randburg Magistrates’ Court, but he may not be released immediately because of a separate firearms-related case in Pietermaritzburg.
Scharnick’s lawyer welcomed the Randburg court’s judgement, describing it as rational and arguing that bail should not have been opposed by the State.
“I would say that sanity prevailed. I think it’s an excellent judgement. Extremely rational,” the lawyer said after the proceedings.
The lawyer accused the State of acting maliciously and claimed there was a “hidden agenda” behind its handling of Scharnick’s arrest and detention.
He further alleged that Scharnick had been transported approximately 2,500 kilometres through the night while authorities sought to build a case against him.
These claims represent the position of the defence and have not been independently established or determined by a court.
Why Scharnick may remain in custody
Despite being granted bail in Randburg, Scharnick must still be transported to Pietermaritzburg, where he is expected to appear in connection with a separate case.
His lawyer explained that bail granted in Randburg does not automatically secure his release from custody because the Pietermaritzburg court must separately consider whether he should be released in that matter.
“Once we’ve paid the bail here, they will have to take him to Pietermaritzburg to appear there in that matter for bail to be considered,” the lawyer said.
“If bail is granted there and he pays it, he will then be released.”
This means Scharnick could remain behind bars until the Pietermaritzburg bail process has been concluded.
Separate firearms cases
The Randburg case relates to alleged contraventions of the Firearms Control Act concerning firearm storage and registration requirements.
According to the National Prosecuting Authority, police allegedly discovered that Scharnick had changed his residential address without notifying the Central Firearms Registry. Authorities also alleged that one of his firearms was not stored in a prescribed safe. The NPA previously confirmed the allegations in a media statement.
Scharnick is also facing two alleged contraventions of the Firearms Control Act in Pietermaritzburg.
The charges reportedly concern allegations that he gave possession of a firearm to a person who was not legally authorised to possess it and failed to notify the Registrar of Firearms about a change in the address where a firearm was stored. IOL previously reported details of the Pietermaritzburg case.
His lawyer disputed the seriousness of the allegations and said the firearm in question had been kept in a safe at Scharnick’s parents’ home.
According to the defence, a priest who assisted Scharnick’s elderly parents and looked after the property allegedly had access to the key to that safe.
The allegations against Scharnick remain unproven. He is presumed innocent unless found guilty by a court of law.
Arrest linked to Madlanga Commission appearance
Scharnick was previously arrested at the Madlanga Commission premises after a journalist opened an intimidation case following an alleged confrontation.
He has separately appeared in the Randburg Magistrates’ Court on the firearms-related charges for which bail has now been granted.
The outcome of the Pietermaritzburg bail proceedings will determine whether Scharnick can be released from custody while the cases continue.
MDNtv will continue monitoring developments.
