Gagash Nonyane and Wife Charlotte Tibana Denied Bail Over Alleged Deceased Estate Fraud
Tshwane Metro Police Department officer Peter “Gagash Nonyane and his wife, attorney Charlotte Tibana, will remain behind bars after the Polokwane Magistrate’s Court dismissed their bail application on Friday, 4 September 2026.
Magistrate Godfrey Netshiozwi handed down the ruling following a closely watched bail application that stretched over several weeks.
The couple face 43 charges, including fraud, theft and money laundering, linked to allegations involving funds from deceased estates.
The charges remain allegations and Nonyane and Tibana are presumed innocent unless proven guilty.
Court Dismisses Bail Application
In delivering judgment, Netshiozwi rejected the couple’s application to be released from custody while investigations continue.
The State had opposed bail and raised concerns about the possibility of interference with witnesses.
During the proceedings, prosecutors argued that releasing the pair could jeopardise the ongoing investigation.
The defence had maintained that Nonyane and Tibana were not flight risks and proposed strict conditions that could be imposed if they were granted bail.
Those proposals included regular reporting to police and location monitoring.
The court was ultimately not persuaded that their release on bail was appropriate.
Couple Face 43 Charges
The criminal case centres on allegations that money belonging to deceased estates was unlawfully diverted.
Investigators allege that funds intended for beneficiaries were transferred or used for purposes unrelated to the administration of the estates.
The investigation has expanded significantly since the couple were first arrested, with the number of charges eventually rising to 43.
The State alleges that several deceased estates and families were affected.
Prosecutors have also placed financial transactions and purchases made by the accused under scrutiny as part of the investigation.
Luxury Mercedes-Benz Purchase Under Spotlight
One of the transactions examined during the investigation involved the purchase of a pre-owned Mercedes-Benz AMG G63 valued at approximately R1.65 million.
The alleged modus operandi was reportedly brought to the attention of the Hawks following information connected to the McCarthy Mercedes-Benz Wonderboom dealership in Pretoria.
The vehicle purchase subsequently became one of several financial transactions scrutinised by investigators.
The State has sought to establish where money used for various purchases originated and whether any of it can be linked to funds belonging to deceased estates.
These allegations will ultimately have to be proven during the criminal trial.
Nonyane’s Income Questioned During Bail Hearing
Nonyane’s finances also became a major focus during the bail proceedings.
The State questioned whether he had fully disclosed all his sources of income when initially applying for bail.
In a supplementary affidavit, Nonyane provided additional information about earnings outside his employment as a metro police officer.
He told the court that he also earned income through private business interests and work as an MC.
Evidence before court indicated that approximately R80,000 could be deposited into his account during an average week from these activities.
The State used the financial evidence as part of its broader examination of the couple’s finances.
Defence Insisted Couple Were Not Flight Risks
The defence argued that both accused had established ties to South Africa and were unlikely to flee if released.
It also proposed strict bail conditions intended to address concerns raised by investigators.
Nonyane offered to comply with monitoring requirements, while the defence maintained that conditions could be imposed to prevent contact with witnesses.
Tibana also raised concerns about the impact continued detention could have on her legal practice and family responsibilities.
Despite those arguments, the court dismissed the bail application.
NPA Welcomes Bail Outcome
The National Prosecuting Authority in Limpopo welcomed the Polokwane Magistrate’s Court’s decision.
Provincial NPA spokesperson Mashudu Malabi said the prosecution could not disclose further details about the investigation while it remains ongoing.
The State will now continue preparing its case as investigators examine financial records and other evidence linked to the allegations.
Couple to Remain Behind Bars
Friday’s judgment means Nonyane and Tibana will remain in custody while investigations continue.
The case has been postponed to 6 November 2026 for further investigation.
The refusal of bail is not a finding that either accused is guilty of the charges against them.
Bail proceedings determine whether an accused person should be released while awaiting trial and are separate from the eventual determination of guilt or innocence.
For Nonyane and Tibana, however, Friday’s ruling represents a significant setback after a three-week bail battle.
The couple will now remain behind bars as prosecutors and investigators continue building the case involving the alleged misappropriation of deceased estate funds.
The matter returns to the Polokwane Magistrate’s Court on 6 November 2026.