DURBAN - Member of Parliament (MP) Fadiel Adams has been granted R10,000 bail.
The ruling was handed down by the Pinetown Magistrate's Court in Durban on Friday, where Adams appeared.
He faces two counts of defeating the ends of justice and three counts of fraud.
The State accuses Adams of falsely claiming he was on official parliamentary duty to gain access to a hitman convicted of killing former ANC Youth League Secretary General, Sindiso Magaqa.
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Handing down the ruling, the court said it had to consider several factors, including whether Adams is a flight risk, whether he would evade his trial, and his personal circumstances.
All these factors had to be weighed against the interest of justice.
“As I have said, your evidence indicates that you are a family man, you have ties to South Africa, you have the means to travel to your place of trial, should this matter proceed to trial.
“You also, at this point in time, hold a position in Parliament, and that cannot be ignored,” the court said.
The court said it is fully cognizant of the Constitution of South Africa, which provides that no person ought to be deprived of their liberty and freedom arbitrarily.
If it is in the interest of justice to do so, an arrested person is entitled to be released from detention on bail, the court added.
“Ultimately, when considering bail, the overall question to be adjudicated upon is whether or not the applicant would stand trial.
"In considering the evidence placed before me, I am then satisfied that you are a suitable candidate to be released on bail,” the court ruled.
Adams has been ordered not to communicate with witnesses for the prosecution, namely members of the South African Police Services (SAPS), whether it is the Political Killings Task Team (PKTT) members or other members of the Durban Metro Police Services, as well as employees of the Department of Correctional Services.
READ | State accuses Adams of undermining PKTT work
He has also been ordered to report in person to the charge office at Mitchells Plain Police Station in Cape Town between 6am and 8pm on Tuesdays and Saturdays, pending the finalisation of the matter.
In the event where he has to the City of Cape Town, even for work, he should advise the investigating officer of his travel.
Adams will be back in court on 14 August.