Diseko and Others v S (124/16) [2016] ZANCHC 66 (29 November 2016)

Diseko and Others v S (124/16) [2016] ZANCHC 66 (29 November 2016)

The court found that the magistrate erred by failing to consider the emotional stress and anxiety raised by the appellants as new facts in the third bail application. The cumulative effect of lengthy incarceration, uncertainty regarding the commencement of trial, deprivation of liberty, and uncontested evidence of emotional distress and anxiety constituted exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act. The court held that these factors justified the release of the appellants on bail, subject to appropriate conditions to minimize any risk of absconding. The appeal was upheld, and bail was set at R30,000 for each appellant with specific reporting and travel...

Citation
[2016] ZANCHC 66
Parties
Appellant: Modisaotsile Diseko; Appellant: Thabiso Ramabusa; Appellant: Bongani Nomtsheke; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 November 2016
Case Number
124/16
Procedural Posture
Bail Appeal / Appeal Against Refusal of Bail on New Facts
Outcome
Appeal upheld; bail granted to all appellants subject to conditions.
Judges
L Lever
Legal Topics
Bail Application, Exceptional Circumstances, Criminal Procedure Act, Schedule 6 Offences, Awaiting Trial Detention
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Criminal Procedure Act Schedule 6 Offences Awaiting Trial Detention

Case Brief

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Parties

Modisaotsile Diseko

Appellant

Thabiso Ramabusa

Appellant

Bongani Nomtsheke

Appellant

The State

Respondent

Procedural Posture

Bail Appeal / Appeal Against Refusal of Bail on New Facts

Legal Issues

  1. 1 Whether the appellants have established exceptional circumstances justifying release on bail under section 60(11)(a) of the Criminal Procedure Act.
  2. 2 Whether the magistrate erred in failing to consider emotional stress and anxiety as new facts in the bail application.
  3. 3 Whether the cumulative effect of lengthy incarceration and personal circumstances constitutes exceptional circumstances.

Ratio Decidendi

The court found that the magistrate erred by failing to consider the emotional stress and anxiety raised by the appellants as new facts in the third bail application. The cumulative effect of lengthy incarceration, uncertainty regarding the commencement of trial, deprivation of liberty, and uncontested evidence of emotional distress and anxiety constituted exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act. The court held that these factors justified the release of the appellants on bail, subject to appropriate conditions to minimize any risk of absconding. The appeal was upheld, and bail was set at R30,000 for each appellant with specific reporting and travel...

Court Disposition

Appeal upheld; bail granted to all appellants subject to conditions.

Orders

  • The bail appeal of each appellant is upheld.
  • Bail is set for each appellant in the amount of R30,000 (thirty thousand Rand).