Amukelani v S (A157/2023) [2024] ZAGPJHC 131 (14 February 2024)

Amukelani v S (A157/2023) [2024] ZAGPJHC 131 (14 February 2024)

The court found that the appellant failed to discharge the onus required under section 60(11)(b) of the Criminal Procedure Act 51 of 1977 to satisfy the court that the interests of justice permit his release on bail. The appellant has a previous conviction for assault, and the evidence indicates a predisposition to violence and resentment towards the complainant. The complainant obtained a protection order against the appellant, which he refused to sign, and shortly thereafter, the alleged offences occurred. The appellant did not testify, limiting the court's ability to assess his bona fides. The court was not convinced that bail conditions would prevent further contact or protect the...

Citation
[2024] ZAGPJHC 131
Parties
Appellant: Makhubela Amukelani; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 February 2024
Case Number
A157/2023
Procedural Posture
Bail Appeal / Appeal Against Refusal of Bail by Tembisa Regional Court
Outcome
The appeal against the refusal of bail is dismissed.
Judges
Dosio
Legal Topics
Bail Application, Schedule 5 Offences, Domestic Violence, Rape, Protection Order, Appeal Procedure
Criminal Law Civil Procedure Bail Application Schedule 5 Offences Domestic Violence Rape Protection Order Appeal Procedure

Case Brief

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Parties

Makhubela Amukelani

Appellant

The State

Respondent

Procedural Posture

Bail Appeal / Appeal Against Refusal of Bail by Tembisa Regional Court

Legal Issues

  1. 1 Whether the interests of justice permit the release of the appellant on bail pending trial.
  2. 2 Whether the lower court erred in refusing bail to the appellant.
  3. 3 Whether the appellant satisfied the court that the interests of justice permit his release.

Ratio Decidendi

The court found that the appellant failed to discharge the onus required under section 60(11)(b) of the Criminal Procedure Act 51 of 1977 to satisfy the court that the interests of justice permit his release on bail. The appellant has a previous conviction for assault, and the evidence indicates a predisposition to violence and resentment towards the complainant. The complainant obtained a protection order against the appellant, which he refused to sign, and shortly thereafter, the alleged offences occurred. The appellant did not testify, limiting the court's ability to assess his bona fides. The court was not convinced that bail conditions would prevent further contact or protect the...

Court Disposition

The appeal against the refusal of bail is dismissed.

Orders

  • The appellant's application for bail is dismissed.