Bux v S (B533/2018, D12361/2018) [2018] ZAKZDHC 58 (21 November 2018)
- Citation
- [2018] ZAKZDHC 58
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Kwazulu-Natal High Court, Durban
- Posture
- Bail Application / Order Granting Bail
- Case number
- B533/2018, D12361/2018
More details
- Court
- Kwazulu-Natal High Court, Durban
- Posture
- Bail Application / Order Granting Bail
- Case number
- B533/2018, D12361/2018
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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 from entering Sastri Park, Phoenix; daily reporting at Stanger Police Station at 08h00 and 16h00; prohibition from leaving KwaZulu-Natal without written consent of the Investigating Officer; residence at 51 Lakson Crescent, Stanger Heights, Stanger for the duration of the matter.
- The appellant is informed that failure to comply with bail conditions may result in cancellation of bail, forfeiture of bail money, and arrest under section 67(1) of Act 51 of 1977.
- The appellant is further informed that failure to appear or non-compliance with any condition is a punishable offence.
- A copy of this order is to be brought to the attention of the appellant by his legal representatives upon release from custody.
02
Material facts
Parties
Junaid Bux
AppellantThe State
RespondentAmounts and remedies
- Bail Amount: ZAR 20,000
03
Procedural history
Posture
Bail Application / Order Granting Bail
04
Questions and positions
Legal issues
- 01
Whether the appellant should be granted bail pending trial.
- 02
What conditions are appropriate to ensure the appellant's attendance and prevent interference with witnesses.
Party arguments
- Applicant
- The appellant sought release on bail, offering to comply with strict conditions to ensure his attendance at trial and non-interference with witnesses. He proposed residing at an alternative address and reporting daily to the police station.
- Respondent
- The State opposed bail, citing risks of interference with witnesses, particularly those residing in Sastri Park, Phoenix, and concerns about the appellant absconding or failing to comply with bail conditions.
05
Court’s reasoning
Legal principles
- 01
Section 60 and Section 67(1) of the Criminal Procedure Act 51 of 1977
A court may grant bail subject to conditions that ensure the accused's attendance and prevent interference with the administration of justice.
06
Ratio, limits and disposition
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.
Obiter and limits
- The court noted that the appellant must be made fully aware of the consequences of non-compliance with bail conditions, including criminal liability and forfeiture of bail.
- The order must be brought to the attention of the appellant by his legal representatives upon release.
Court disposition
Bail granted to the appellant subject to specified conditions.
- 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 from entering Sastri Park, Phoenix; daily reporting at Stanger Police Station at 08h00 and 16h00; prohibition from leaving KwaZulu-Natal without written consent of the Investigating Officer; residence at 51 Lakson Crescent, Stanger Heights, Stanger for the duration of the matter.
- The appellant is informed that failure to comply with bail conditions may result in cancellation of bail, forfeiture of bail money, and arrest under section 67(1) of Act 51 of 1977.
- The appellant is further informed that failure to appear or non-compliance with any condition is a punishable offence.
- A copy of this order is to be brought to the attention of the appellant by his legal representatives upon release from custody.
Source and reliance status
Kwazulu-Natal High Court, Durban
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Kwazulu-Natal High Court, Durban
Order
IN
THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL DIVISION, DURBAN
CASE NO. COURT A QUO: B533/2018
APPEAL CASE NO: D12361/2018
In the matter between:
JUNAID
BUX
APPELLANT
and
THE
STATE
RESPONDENT
1. The Appellant, Junaid Bux is granted bail in the sum of R20 000,00.
2. That upon payment of the said amount the Appellant shall be released from custody on condition that:
i. The Appellant appears personally at the Verulam Magistrate Court at 08:30 on 21st November 2018 and thereafter on such dates and times and at such places to which the proceedings are adjourned until a verdict is given in respect of the charge to which the offence in this matter relates.
ii. That the Appellant does not communicate or interfere with any witnesses for the prosecution either directly or indirectly including such witnesses who reside in the Sastri Park area of Phoenix.
iii. The Appellant is prohibited from entering the Sastri Park area of Phoenix for the duration of this matter.
iv. The Appellant reports daily at the Stanger Police Station at 08h00 and at16h00.
v. The Appellant is prohibited from leaving the KwaZulu-Natal area without the written consent of the Investigating Officer.
vi. The Appellant resides at the alternative address being 51 Lakson Crescent, Stanger Heights, Stanger for the duration of this matter.
3. The appellant is informed that, in terms of section 67(1) Act 51 of 1977, if, after his release on bail, he fails to appear at the place and on the date and at the time appointed for his trial or to which the proceedings are adjourned, or fails to remain in attendance at such trial or at such proceedings, or fails to comply with the above conditions, the Court shall declare the bail provisionally cancelled, and the money provisionally forfeited to the State, and issue a warrant for his arrest.
4. The appellant is further informed that it is also a punishable offence for failing to appear or for non-compliance with a stipulated
condition.
5. A copy of this order is to be brought to the attention of the appellant by his legal representatives upon his release from custody.
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