Basadien v S (BA03/19; A397/2019) [2020] ZAGPPHC 5 (15 January 2020)

Basadien v S (BA03/19; A397/2019) [2020] ZAGPPHC 5 (15 January 2020)

The court held that the appellant failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. The magistrate correctly considered the seriousness of the charges, the strength of the State's case, the appellant's previous convictions, and the risk posed to the complainant and public. The appellant's affidavit was untested and did not refute key aspects of the State's case, including intimidation and the fear expressed by the complainant and his wife. The magistrate's decision was not wrong, and the interests of justice required continued detention. Accordingly, the appeal was dismissed.

Citation
[2020] ZAGPPHC 5
Parties
Appellant: Fanhee Basadien; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 January 2020
Case Number
A 397/2019
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail by Magistrate's Court
Outcome
Appeal dismissed; bail remains refused.
Judges
N.M. Mavundla
Legal Topics
Bail Application, Exceptional Circumstances, Criminal Procedure Act, Sexual Offences, Flight Risk, Judicial Discretion
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Criminal Procedure Act Sexual Offences Flight Risk Judicial Discretion

Case Brief

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Parties

Fanhee Basadien

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail by Magistrate's Court

Legal Issues

  1. 1 Whether the magistrate erred in refusing bail to the appellant under section 60(11)(a) of the Criminal Procedure Act 51 of 1977.
  2. 2 Whether the appellant established exceptional circumstances justifying release on bail.
  3. 3 Whether the magistrate properly weighed the interests of justice against the appellant's personal circumstances.

Ratio Decidendi

The court held that the appellant failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. The magistrate correctly considered the seriousness of the charges, the strength of the State's case, the appellant's previous convictions, and the risk posed to the complainant and public. The appellant's affidavit was untested and did not refute key aspects of the State's case, including intimidation and the fear expressed by the complainant and his wife. The magistrate's decision was not wrong, and the interests of justice required continued detention. Accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed; bail remains refused.

Orders

  • The appeal against the refusal of bail is dismissed.
  • The appellant shall remain in custody pending finalisation of the criminal case.