Tyelovuyo Buhlungu, managing director of Tyeks Security Services, appeared in the Mthatha magistrate's court on Tuesday seeking bail on charges of possessing a firearm and ammunition without a valid permit. His company, which employs about 4,000 people, would be jeopardized if he is kept behind bars, his bail affidavit stated. Buhlungu is responsible for authorizing staff payments and paying suppliers, and is the primary breadwinner for his wife and five children.
The 58-year-old was arrested by police last week following a compliance inspection at his business premises. According to police spokesperson Amanda van Wyk, Buhlungu was found in possession of a company firearm without the required permit, constituting a contravention of the Firearms Control Act 60 of 2000. The inspection was conducted by members of OPERATION BUYISA, who established that firearms registered in the name of the security company were not accounted for in the company's stock register.
A total of 140 firearms were seized, while a further 135 firearms remained unaccounted for. The seized firearms will be subjected to ballistic testing to establish whether any of them may have been used in the commission of other serious and violent crimes. Buhlungu denied the charges against him, arguing that the state's case was "flawed in law and facts".
In his bail affidavit, Buhlungu stated that he suffered from a chronic condition that required a specific diet and medication, and that his continued detention placed his life at risk. He also mentioned a pending case related to an incident on July 18, where he discharged a firearm at a traditional ceremony to "disperse a volatile crowd" advancing to his position, wounding a police officer.
Buhlungu reported the incident at the Mthatha Central police station on his own accord after ensuring that the officer got to a hospital. The victim later filed a statement withdrawing the charge of attempted murder, and the state added a charge of discharge of a firearm. Buhlungu said he was yet to be in possession of the charge sheet or docket.
The state is opposing Buhlungu's release and will present its case in court on Wednesday. His lawyer, advocate Philip Zilwa, read out Buhlungu's affidavit, which stated that Buhlungu had no previous convictions. The court will consider Buhlungu's bail application and the state's opposition to it on Wednesday.
Buhlungu's case highlights the strict regulations surrounding firearms in South Africa, and the consequences of contravening the Firearms Control Act. The outcome of his bail application and the pending charges against him will have significant implications for his business and personal life.
Key points
- The state is opposing Tyelovuyo Buhlungu's bail application, citing the serious nature of the charges against him.
- Buhlungu's security company employs about 4,000 people, and his detention could jeopardize its operation.
- The seized firearms will be subjected to ballistic testing to establish whether they were used in other crimes.
