Bux v S (B533/2018, D12361/2018) [2018] ZAKZDHC 58 (21 November 2018)

Bux v S (B533/2018, D12361/2018) [2018] ZAKZDHC 58 (21 November 2018)

The court found that bail could be granted to the appellant subject to stringent conditions designed to secure his attendance at trial and prevent interference with witnesses. The conditions include restrictions on communication with witnesses, prohibition from entering certain areas, daily reporting to the police, and residence at a specified address. The court emphasized that failure to comply with these conditions would result in cancellation of bail and forfeiture of the bail amount, as provided for in section 67(1) of the Criminal Procedure Act.

Citation
[2018] ZAKZDHC 58
Parties
Appellant: Junaid Bux; Respondent: The State
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
21 November 2018
Case Number
B533/2018, D12361/2018
Procedural Posture
Bail Application / Order Granting Bail
Outcome
Bail granted to the appellant subject to specified conditions.
Legal Topics
Bail Conditions, Failure to Appear, Forfeiture of Bail, Section 67 Criminal Procedure Act
Criminal Law Bail Conditions Failure to Appear Forfeiture of Bail Section 67 Criminal Procedure Act

Case Brief

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Parties

Junaid Bux

Appellant

The State

Respondent

Procedural Posture

Bail Application / Order Granting Bail

Legal Issues

  1. 1 Whether the appellant should be granted bail pending trial.
  2. 2 What conditions are appropriate to ensure the appellant's attendance and prevent interference with witnesses.

Ratio Decidendi

The court found that bail could be granted to the appellant subject to stringent conditions designed to secure his attendance at trial and prevent interference with witnesses. The conditions include restrictions on communication with witnesses, prohibition from entering certain areas, daily reporting to the police, and residence at a specified address. The court emphasized that failure to comply with these conditions would result in cancellation of bail and forfeiture of the bail amount, as provided for in section 67(1) of the Criminal Procedure Act.

Court Disposition

Bail granted to the appellant subject to specified conditions.

Orders

  • The appellant, Junaid Bux, is granted bail in the sum of R20,000.00.
  • Upon payment of bail, the appellant shall be released from custody subject to the following conditions: personal appearance at Verulam Magistrate Court on 21 November 2018 and subsequent adjourned dates; no communication or interference with prosecution witnesses, including those in Sastri Park, Phoenix; prohibition...