Former Nelson Mandela Bay municipal communications director Roland Williams has been released on bail, just two months into his four-year prison term for fraud.
His wife, Shahnaz, said she had also learnt a hard lesson while the father of her children was in prison — the importance of being financially independent.
Until recently, the family was known for throwing flashy parties and leading extravagant lifestyles.
On Monday, however, Williams described them as destitute.
Represented by attorney Danie Gouws, he told the commercial crimes court that he wanted to be released on bail so that he could provide financially for his wife and children.
Williams was handed a four-year suspended sentence by the same court in 2018 after he pleaded guilty to defrauding Santam out of R96,000 in a falsified accident claim.
The suspended sentence was put into effect in January after he failed to pay back the money owed to Santam as per the sentence agreement.
On Monday, after two months behind bars, Williams was granted bail of R10,000 pending a petition against sentence to the high court in Makhanda.
Shahnaz said afterwards that if the court case had taught her one thing, it was that financial independence was of the utmost importance.
She said it had been stressful depending on others for money.
While Williams declined to comment, Shahnaz said she now wanted to become more independent, and though she worked in human resources, not much hiring was taking place during the Covid-19 pandemic.
Williams, wearing a black suit and not the expected orange overall, appeared anxious as he stepped into the dock.
Gouws could be heard reassuring him.
Reading from Williams’s affidavit, Gouws said his client had since paid back all the money owed to Santam, but some payments had been late for reasons beyond his control and Williams had been forced to borrow cash from family members to adhere to the order.
“If the court grants me bail I will be able to continue with my contracts, being self-employed, and hopefully be in a position to support my family who are destitute at this stage,” Williams said.
During his incarceration, his family had suffered financially and had survived on handouts.
He believed his prison sentence would possibly be overturned by another court.
“If I were to remain in custody, I would struggle financially and would not be able to afford a legal representative of my choice as I would not be earning a salary.
“My family was totally dependent on me financially and emotionally before I was incarcerated,” Williams said.
He also asked the court to take into consideration his heart condition, especially during a pandemic where prisons were super-spreaders of Covid-19.
“Not granting bail would definitely be a death sentence in my instance.
“I have a serious heart condition, as this court is already aware.”
Williams pleaded guilty in 2018 to defrauding his insurers and was ordered to pay monthly instalments of R3,500.
After paying the first instalment at the end of May 2018, he defaulted the next month.
Williams also skipped payments in January, February and September 2019, and by October that year he was found to have not made any payments until after he was arrested in November 2020.
Williams was once again released on R1,000 bail while the state brought an application to have his suspended sentence put into effect.
Williams subsequently paid two lump sums, one of R30,000 and one of R10,000, after his arrest to settle the R40,000 he still owed Santam.
But it was a case of too little, too late.
Magistrate Lionel Lindoor granted Williams bail on Monday, saying the interest of justice did permit his release pending the outcome of his appeal.
Lindoor said while Williams was granted leave to appeal by petition, it was his responsibility to ensure that the matter was brought to finality.
Part of his current bail conditions stipulate that he must file the notice of appeal within 14 days from Monday.
Should the appeal fail, he was ordered to surrender himself to the clerk of the court within 48 hours.
Williams was also ordered not to leave the district of Gqeberha and to report to the Kabega Park police station once a week.
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