Durban court: Businessman faces firearms charges after police seize 29 guns - IOL

Businessman Tariq Downes, who is charged alongside former crime intelligence deputy head Feroz Khan in a corruption and precious metals case recently, has been granted R5000 bail in a separate matter by the Durban Magistrate's Court on charges relating to high-calibre firearms. 

Downes, who handed himself over to the police on Monday, applied for bail on Tuesday afternoon and the State did not oppose his bail application.

He is facing charges of providing Smilo Mthembu, an employee at High Calibre Security a firearm/ammunition that he was not allowed to possess during June 2026, and for being in possession of  firearms without having a permit to possess them. 

According to the charge sheet, Downes, who is the director and beneficial owner of High Calibre Security, was in possession of rifles, shotguns and pistols. The charge sheet reveals that police seized 29 guns, while 10 were missing and 15 were listed as having been on site at the security company. 

Downes alleged that the charges brought against him relate to the firearms that were seized during a police inspection on May 12.

Senior Public Prosecutor Nkululeko Msiya said the State was not opposing Downes' bail application because he had been attending his corruption and precious metal case in Gauteng, where he is the third accused.

Moreover, Msiya said the police were still investigating whether Downes was the owner of the High Calibre Security company. He explained to the court that the firearms were confiscated from the security company’s various sites and from Mthembu. 

“The firearms were found with Mthembu and some others were found on different sites, one in which the accused (Downes) resides,” he said. 

Msiya further explained that Mthembu might be a witness or Downes' co-accused, but investigations were still unfolding presently. 

He further told the court that the address of the security company was changed without the relevant authorities being informed. 

“When the police went on site, some firearms were not found and some had been missing because they were handed over to security guards unlawfully,” Msiya explained. 

He said although they were not opposing the bail, they urged the court to give Downes R10 000 bail or any amount that would show the seriousness of the charges.

When asked by Magistrate Siyanda Mlaba about the bail conditions, Msiya said the court should set the normal bail conditions, but insisted that Downes must not interfere with investigations and not contact Mthembu.

Downes’ lawyer Brandon Henry said they were able to pay R5000 bail. As he wanted to confirm with his client if Mthembu was still employed at High Calibre. Mlaba said that did not matter, Downes must not contact Mthembu. 

In his affidavit that was handed in by Henry, Downes told the court that he vehemently denied the allegations against him.

“The person to whom the firearms were given to was, to my knowledge, duly authorised  and under the employ of my business,” he said. 

He said High Calibre Security had been operational since 2020 and it also provided guarding services and employed approximately 150 people, with an approximate monthly wage bill of about R1 200 000.00. 

In granting Downes bail, Magistrate Mlaba warned him to alert his lawyer if he wished to travel outside the country, so that his lawyer would alert the investigating officer. Mlaba also warned him about not calling the investigating officer or try to bribe him because he will be in hot water. 

“If you want to speak to the investigating officer, you do it through your attorney. No attempt of cold drink to the IO… there will be water. These are simple bail conditions; if you breach them, you will remain in custody until the finalisation of the matter,” he said. 

The matter was adjourned to November 17 for further investigation.