Dithlakanyane v S (SS133/17) [2020] ZAGPJHC 325 (7 September 2020)

Dithlakanyane v S (SS133/17) [2020] ZAGPJHC 325 (7 September 2020)

The Court found that the applicant had presented new facts, namely the administrative delay in obtaining the transcribed record for his appeal, which were not present in previous bail applications. However, the existence of new facts alone does not justify release on bail. The Court considered the statutory grounds under section 60(4) of the Criminal Procedure Act and found that the applicant posed a risk to public safety, was a repeat offender, had previously attempted to escape custody, and that his release would undermine public confidence in the justice system. The interests of justice did not permit his release on bail pending appeal, especially given the seriousness of the offences...

Citation
[2020] ZAGPJHC 325
Parties
Applicant: Isaac Dithlakanyane; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 September 2020
Case Number
SS133/17
Procedural Posture
Urgent Application / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal dismissed.
Judges
Mtati
Legal Topics
Bail Pending Appeal, Schedule 5 Offences, Interests of Justice, Delay in Prosecution, Risk of Abscondment
Criminal Law Civil Procedure Bail Pending Appeal Schedule 5 Offences Interests of Justice Delay in Prosecution Risk of Abscondment

Case Brief

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Parties

Isaac Dithlakanyane

Applicant

The State

Respondent

Procedural Posture

Urgent Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has presented new facts that justify reconsideration of bail pending appeal.
  2. 2 Whether the new facts are persuasive enough to admit the applicant to bail in the interests of justice.

Ratio Decidendi

The Court found that the applicant had presented new facts, namely the administrative delay in obtaining the transcribed record for his appeal, which were not present in previous bail applications. However, the existence of new facts alone does not justify release on bail. The Court considered the statutory grounds under section 60(4) of the Criminal Procedure Act and found that the applicant posed a risk to public safety, was a repeat offender, had previously attempted to escape custody, and that his release would undermine public confidence in the justice system. The interests of justice did not permit his release on bail pending appeal, especially given the seriousness of the offences...

Court Disposition

Application for bail pending appeal dismissed.

Orders

  • The application for bail pending appeal is dismissed.