C and Another v S (SS013/2021) [2021] ZAGPJHC 125 (26 July 2021)

C and Another v S (SS013/2021) [2021] ZAGPJHC 125 (26 July 2021)

The court found that the applicants had presented new facts since the initial bail refusal: the finalisation of police investigations, deterioration of the first applicant's child's mental health requiring urgent parental care, and the adverse impact of suspension without pay on medical aid. These circumstances, particularly the child's need for parental care, were deemed exceptional and justified the release of both applicants on bail. The court held that public anger and the strength of the State's case did not outweigh the applicants' rights, especially the child's constitutional right to parental care. The court also found that concerns about threats and interference could be managed...

Citation
[2021] ZAGPJHC 125
Parties
Applicant: W[....] C[....]; Applicant: N[....] S[....]; Respondent: THE STATE
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 July 2021
Case Number
SS013/2021
Procedural Posture
Bail Application / Application for Bail on New Facts After Initial Refusal
Outcome
Application for bail on new facts granted for both applicants.
Judges
M M MABESELE
Legal Topics
Bail Application, Exceptional Circumstances, Murder Charge, Child Rights, Public Interest
Criminal Law Bail Application Exceptional Circumstances Murder Charge Child Rights Public Interest

Case Brief

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Parties

W[....] C[....]

Applicant

N[....] S[....]

Applicant

THE STATE

Respondent

Procedural Posture

Bail Application / Application for Bail on New Facts After Initial Refusal

Legal Issues

  1. 1 Whether the facts presented by the applicants constitute new facts for the purposes of a renewed bail application.
  2. 2 Whether the new facts amount to exceptional circumstances justifying release on bail under section 60(11)(a) of the Criminal Procedure Act.
  3. 3 Whether the interests of justice permit the release of the applicants on bail despite public outcry and the strength of the State's case.

Ratio Decidendi

The court found that the applicants had presented new facts since the initial bail refusal: the finalisation of police investigations, deterioration of the first applicant's child's mental health requiring urgent parental care, and the adverse impact of suspension without pay on medical aid. These circumstances, particularly the child's need for parental care, were deemed exceptional and justified the release of both applicants on bail. The court held that public anger and the strength of the State's case did not outweigh the applicants' rights, especially the child's constitutional right to parental care. The court also found that concerns about threats and interference could be managed...

Court Disposition

Application for bail on new facts granted for both applicants.

Orders

  • The application for bail on the new facts is granted.
  • The first applicant is granted bail in the amount of R1000.00.