The double murder-convicted Fochville farmer accused of stealing millions of rand in electricity and equipment from Eskom and Johannesburg’s utility City Power has failed in his Gauteng High Court, Johannesburg, bid to be granted bail.
Johannes Albertus Moolman, 80, was arrested in December by Eskom distribution security in Gauteng, the SA Police Service (SAPS), City Power, and Eskom-contracted security personnel after investigations revealed the theft of electricity and meter boxes valued at R7.1 million.
Earlier this month, South Gauteng High Court Judge Dario Dosio dismissed Moolman’s appeal of the refusal by the Fochville Magistrate’s Court denying him bail.
Moolman is charged with tampering with, damaging, or destroying a transformer in the Merafong Local Municipality, which includes Fochville and Carletonville, between January 2020 and December last year, when he was nabbed.
Other charges include the theft of 119 City Power meter boxes each valued at R4 000 and stealing, also between January 2020 to December 2024, of electricity to the value of over R6 million from Eskom or one of his neighbours. In total, Moolman is charged with theft of electricity and equipment valued at R7.1m.
According to the National Prosecuting Authority (NPA), Moolman allegedly continued connecting electricity to his farm after Eskom decided to disconnect it in 2018 but later denied the power utility’s personnel access to the property.
In addition, Moolman is accused of also illegally connecting electricity to more than 500 shack dwellers, from whom he collected money but did not pay Eskom. On the farm, police found 119 City Power meter boxes, of which 47 semi-meter boxes were used to distribute electricity.
The value of the 119 meter boxes was R476 000 while the amount owed to Eskom for electricity was around R6m, according to Eskom and the NPA.
In the appeal of the decision to deny his bail, Moolman told the high court that the magistrate’s court erred and misdirected itself in refusing his bail application and that there was a likelihood that he would interfere with investigations and/or witnesses.
This is despite evidence to the contrary that he does not know the State witnesses and that he never interfered with investigations and/or witnesses, according to his submissions.
Moolman also told the high court he was 80, employs about 100 people residing on his property, which has 600 houses, 20 businesses, and three taverns, and that he suffers from elevated blood pressure and a disease of the peripheral nerves and peripheral neuropathy, due to his nervous system being damaged, which affects his movement, organ function, and gland function.
Additionally, he also suffers from osteoarthritis, which affects many of his joints, namely, the spine, his knees, his hips, the base of his thumb, and the tips of his fingers, and this is a chronic condition causing him much pain, stiffness, swelling, and limited movement.
He also suffers from an enlarged prostate which can result in blocking the flow of urine to his bladder, which is indicative of prostate cancer, his doctors advised him that any stressful situations can worsen his joint problems, and a failure to take his medication will expose him to the risk of a heart attack, heart failure, and even death.
After being denied bail in December, Moolman was moved from the Fochville police station to the Potchefstroom prison in the North West, which is closer to the clinic.
Moolman wanted to be released on R1 000 bail despite having a previous conviction of two murders, three attempted murders, and one kidnapping charge in which he was sentenced to 10 years' imprisonment in 2022.
However, he appealed the decision and was granted bail pending a challenge of the ruling now in the Supreme Court of Appeal.
Judge Dosio found that even though Moolman’s previous convictions and sentences are being appealed against, the fact remains that in terms of the Criminal Procedure Act, it was clear that he has previously uttered threats against these dwellers on his farm and harbours resentment towards them, and as a result of his previous convictions, has a disposition to violence.
“Not only has the appellant (Moolman) a disposition to violence, but he also misled the court a quo (magistrate’s court) into believing that he only had one previous conviction of murder for which he was sentenced to 10 years imprisonment,” the judge explained.
Judge Dosio added: “After perusal of the record of the court a quo, this court finds that there is no persuasive argument to release the appellant on bail.”
Moolman’s legal representatives and Eskom had not responded on Friday to requests for comment.