26 May 2026
Businessman Nadir Mohiudeen’s lawyers withdrew from his case on Tuesday citing non-payment of fees. Archive photo: Thamsanqa Mbovane
The continuation of the Eastern Cape rail theft case involving a former PRASA regional manager stalled in the Gqeberha Commercial Crimes Court on Tuesday morning after one of the accused’s legal team withdrew citing non-payment of fees.
The case of theft and/or fraud, which has been dragging on for seven years, involves the upliftment in late 2012 of 42km of railway line between Sterkstroom and Elliot (now Khowa).
Former PRASA Western Cape manager Mthuthuzeli Swartz and businessman Nadir Mohiudeen allegedly sold the disused Transnet line to Adrian Samuels and his cousin, Cedric Samuels.
Transnet security guards stopped Samuels’ from uplifting the line for scrap in early 2013. Swartz and Mohiudeen were arrested in early 2019.
The case has been beset by delays. Swartz applied for a separation of trials, which was turned down. Then, there was an unsuccessful review application to the High Court by Mohiudeen, which took more than two years to be heard.
In the lead-up to Mohiudeen’s review application, in which he sought further particulars of the charges against him, there were delays because the new attorneys appointed by Mohiudeen had difficulty obtaining transcripts from a hearing which took place in Adelaide.
Mohiudeen has continued to change attorneys, leading to numerous postponements.
The trial finally got underway in March last year with Mohiudeen and Swartz pleading not guilty. There were further delays due to state witness Adrian Samuels not being able to travel from the United Arab Emirates, where he now works.
On Tuesday, state prosecutor Gerrit van der Merwe told magistrate Thabisa Mpimpilashe he had received an email at “quarter past eight this morning” from Mohiudeen’s latest attorneys, director of YG & Associates, Yugeshnee Govender.
Van der Merwe said he was informed Govender was “terminating due to non-payment of fees” and she was not in Gqeberha so could not attend court.
Mpimpilashe said she received a text from Govender stating: “I’m just letting you know your worship, I’ll be in court to formally withdraw.”
Addressing Mohiudeen, she asked if he had heard that his attorneys had withdrawn from his case. “They have not been receiving money from you. The last payment was in October,” she said.
“It’s news to me,” responded Mohiudeen. “I have reports on my phone that I’ve paid the attorneys.”
He said he tried to get hold of YG & Associates but was unsuccessful. He said he managed to speak to Govender “this morning”, and she said she’d “come back on record” once she’d received the funds owing.
“It’s a shock to me. I’m shocked,” said Mohiudeen.
After a short break to allow Mohiudeen to sort matters out with his attorney, the court resumed. Mohiudeen told Mpimpilashe he managed to contact his previous advocate, Cheryl Sjoberg, and would get a new instructing attorney.
“The advocate will be here tomorrow, she says,” Mohiudeen told the court. “She says she’ll take instruction from the new attorney.”
Magistrate Mpimpilashe expressed her doubts over whether the new attorney would be properly briefed in time, but stated the case would proceed on Wednesday.
Swartz, along with his advocate Mzwamadoda Mnyani were present at court.
