Rushil Singh to face same magistrate who denied sister’s bail before her death

This Wednesday businessman Rushil Singh will appear at the Palm Ridge Magistrates Court for his bail hearing. Singh will appear before Kheswa, the same magistrate who dismissed bail for his sister, Nishani Singh, who subsequently died in custody.

After 14 months behind bars, Singh is set to return to the Palm Ridge Specialised Commercial Crime Court on Wednesday for his long-awaited bail hearing, as the prosecution’s fraud case against him continues to unravel. The case, which involves alleged financial misconduct related to Stanbic Bank Ghana guarantees, has drawn attention to systemic issues in South Africa’s pre-trial detention system.

Singh has been detained since October 2023, accused of fraud linked to financial guarantees issued by his company, Big Business Innovations Group (Pty) Ltd (BIG). These guarantees were reportedly presented to Investec Bank in support of loans exceeding R178 million, loans which Stanbic Bank Ghana later disavowed.

However, new evidence and witness concessions have increasingly undermined the State’s case. The first prosecution witness confirmed under oath that the two affidavits used to obtain Singh’s arrest did not implicate him in wrongdoing. Further affidavits alleging his involvement were only created after the death of his sister, Nishani Singh, who served as the company’s financial director and main operational figure in the disputed transactions.

The siblings were jointly charged earlier this year in connection with an alleged corruption case, though the full particulars of the charges remain sealed. What has emerged publicly is that Nishani made repeated complaints of chest pains and difficulty breathing while in prison, yet her bail was denied under the previous hearing. After her bail denial and still complaining of pain and breathlessness, she died in custody, an outcome that has shocked the family, legal observers, and the public alike.

The defense says the prosecution’s case is now undermined because witnesses have contradicted their earlier statements. The witness gave conflicting accounts of who authorised certain transactions and the amounts of money cited were inconsistent with previous statements. The contradictions have cast doubt on the credibility of the prosecution’s case.

“The witness contradicted himself on the date of the transaction and on the details of who approved it,” The defense said. “These inconsistencies are serious because they go to the credibility of the evidence.” They have argues that these inconsistencies are reason enough to release Rushil on bail, especially given his ongoing health issues.

Legal analysts note that the fact this hearing is before the same magistrate who handled Nishani’s bail application may raise questions of both emotional pressure and public perception of impartiality. While judicial assignments are routine, the overlap of family tragedy and legal proceedings adds a deeply human dimension.

A family acquaintance said: “We have already lost one Singh because no one listened. This time the court must take his health seriously. Justice should not come at the cost of another life.”

Rushil’s legal team has formally flagged his health as a matter of urgency, stressing that pre existing chest ailments, similarly suffered by his sister, require medical intervention that custody conditions may deny. The team also emphasises that he has no prior criminal convictions and poses no identified flight risk.