Babuile and Others v S (CC32/2014) [2015] ZAGPPHC 1110 (13 October 2015)

Babuile and Others v S (CC32/2014) [2015] ZAGPPHC 1110 (13 October 2015)

The court held that, although the applicants have reasonable prospects of success on appeal and strong personal ties to Klerksdorp, these factors alone do not constitute exceptional circumstances as required for bail pending appeal in Schedule 6 offences. The applicants abided by bail conditions during trial and have family and property ties, but the seriousness of the offences and, in the case of the third applicant, previous convictions, weigh against granting bail. The Supreme Court of Appeal's grant of leave to appeal is not sufficient to meet the threshold for exceptional circumstances. The applicants failed to discharge the onus to prove circumstances sufficiently out of the...

Citation
[2015] ZAGPPHC 1110
Parties
Appellant: Keobakile Fanuel Babuile; Appellant: Itumeleng Joseph Molebatsi; Appellant: William Lesole Malefo; Appellant: Khotso Bennet Kadi; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 October 2015
Case Number
CC32/2014
Procedural Posture
Bail Application / Application for Bail Pending Appeal After Conviction and Sentence
Outcome
Applications for bail pending appeal by all four applicants are dismissed.
Judges
Ranchod
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Schedule 6 Offences, Prospects of Success, Risk of Abscondment
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Schedule 6 Offences Prospects of Success Risk of Abscondment

Case Brief

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Parties

Keobakile Fanuel Babuile

Appellant

Itumeleng Joseph Molebatsi

Appellant

William Lesole Malefo

Appellant

Khotso Bennet Kadi

Appellant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail Pending Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the applicants have discharged the onus to prove exceptional circumstances justifying release on bail pending appeal for Schedule 6 offences.
  2. 2 Whether prospects of success on appeal and personal circumstances are sufficient to constitute exceptional circumstances.
  3. 3 Whether the risk of abscondment is mitigated by the applicants' conduct during trial bail.

Ratio Decidendi

The court held that, although the applicants have reasonable prospects of success on appeal and strong personal ties to Klerksdorp, these factors alone do not constitute exceptional circumstances as required for bail pending appeal in Schedule 6 offences. The applicants abided by bail conditions during trial and have family and property ties, but the seriousness of the offences and, in the case of the third applicant, previous convictions, weigh against granting bail. The Supreme Court of Appeal's grant of leave to appeal is not sufficient to meet the threshold for exceptional circumstances. The applicants failed to discharge the onus to prove circumstances sufficiently out of the...

Court Disposition

Applications for bail pending appeal by all four applicants are dismissed.

Orders

  • The applications of all four applicants to be admitted to bail pending appeal are dismissed.