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South Africa Judgment

South Gauteng High Court, Johannesburg

Danisa and v S (A395/2015) [2015] ZAGPJHC 311 (11 December 2015)

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Source document

01

Holding and result

The court found no misdirection in the magistrate's reasoning and agreed that the alleged new facts did not constitute genuine new facts. The evidence against the appellants, including positive identification, ballistic evidence, and a confession, was sufficient to justify the refusal of bail. The appellants failed to demonstrate exceptional circumstances, and the interests of justice did not favour their release. Accordingly, the appeal was dismissed.

Court disposition

Appeal dismissed; bail remains refused.

Orders

  • The appeal against the refusal of bail is dismissed.
  • The appellants are to remain in custody pending trial.

02

Material facts

Parties

Quinselihle Eric Danisa

Appellant Counsel: J. J. H. Huysamen

Maphutha Hendrick Danisa

Appellant Counsel: J. J. H. Huysamen

The State

Respondent Counsel: A. D. Maharaj

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal Against Refusal of Bail

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellants argued that new facts had arisen since the initial bail application and that these facts, together with the circumstances of their case, constituted exceptional circumstances warranting their release on bail. They contended that the interests of justice favoured their release and challenged the sufficiency of the evidence against them, including the identification and confession relied upon by the State.
Respondent
The respondent maintained that no exceptional circumstances had been established by the appellants and that the so-called new facts were not genuinely new. The State relied on positive identification by a witness, ballistic evidence, and a confession, arguing that these factors justified continued detention and that releasing the appellants would not be in the interests of justice.

05

Court’s reasoning

  1. 01

    Section 60(11)(a) of Act 51 of 1977

    An accused charged with a Schedule 6 offence must show exceptional circumstances justifying release on bail and that it is in the interests of justice to do so.

  2. 02

    S v De Kock 1995 (1) SACR 299 (T)

    An appellate court will not interfere with the lower court's decision unless satisfied that the decision was wrong.

06

Ratio, limits and disposition

Ratio decidendi

The court found no misdirection in the magistrate's reasoning and agreed that the alleged new facts did not constitute genuine new facts. The evidence against the appellants, including positive identification, ballistic evidence, and a confession, was sufficient to justify the refusal of bail. The appellants failed to demonstrate exceptional circumstances, and the interests of justice did not favour their release. Accordingly, the appeal was dismissed.

Obiter and limits

  • The court emphasised the importance of evaluating new facts in bail applications critically and not accepting them at face value.
  • The interests of justice remain paramount in bail proceedings, especially in serious offences such as murder.

Court disposition

Appeal dismissed; bail remains refused.

  • The appeal against the refusal of bail is dismissed.
  • The appellants are to remain in custody pending trial.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Judgment

[2015] ZAGPJHC 311

THE HIGH COURT OF SOUTH

AFRICA

GAUTENG LOCAL DIVISION,

JOHANNESBURG

CASE NUMBER: A395/2015

DATE OF HEARING: 10 DECEMBER 2015

DATE OF JUDGMENT: 11 DECEMBER 2015

In the matter between:

DANISA, QUINSELIHLE ERIC...................................................................................First Appellant

DANISA, MAPHUTHA HENDRICK........................................................................Second Appellant

And

THE STATE............................................................................................................................Respondent

J U D G M E N T

AVVAKOUMIDES, AJ

[1] This is an appeal against the decision of the magistrate sitting in the Protea Magistrates Court, not to release the two Appellants on bail pending their trial. The Appellants were arrested on 7 and 8 August 2015 respectively. An application for bail was brought and refused and a further application based on new facts was equally unsuccessful.

[2] The charges against the Appellants are the following:

• Murder read with section 51 (1) of Act 105 of 1997.

• Unlawful possession of firearms a contravention of section 3 of Act 60 of 2000.

• Unlawful possession of firearms a contravention of section 90 of Act 60 of 2000.

[3] It is settled law that the Appellants have to show exceptional circumstances in order to be released on bail and that it is in the interests of justice that the Appellants be released on bail. See: section 60 (11) (a) of Act 51 of 1977 and S v De Kock 1995 (1) SACR 299 (T). It is equally so that a court sitting on appeal shall not set aside the decision against which the appeal is brought unless the court of appeal is satisfied that the decision was wrong.

[4] I have had regard to the judgment of the magistrate and can find no misdirection in his reasoning when refusing bail. Moreover, the so called “new facts” upon which the second application for bail was based, were held not to have been new facts. I can find no exceptional circumstances which compel me to release the Appellants on bail and in my view it would not be in the interest of justice to do so. The court correctly evaluated the circumstances relating to the positive identification of the two Appellants by a witness, ballistic evidence and a confession which is relied upon by the State. I am not persuaded that it is in the interests of justice to release the Appellants on bail.

[5] In the premises the appeal is dismissed.

G. T. AVVAKOUMIDES

ACTING JUDGE OF THE HIGH COURT

GAUTENG LOCAL DIVISION, JOHANNESBURG

Representation for Appellant:

Counsel: J. J. H. Huysamen

Instructed by: R. S. Madzivhandila Attorneys

Representation for the Respondent:

Counsel: A. D. Maharaj

Instructed by: Director of Public Prosecutions

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v De Kock 1995 (1) SACR 299 (T)

Case cited

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

Criminal Law Amendment Act 105 of 1997

Legislation

Legislation referenced in the available case record.

Firearms Control Act 60 of 2000

Legislation

Legislation referenced in the available case record.

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