Doorewaard and Another v S (16/2019) [2019] ZANWHC 50 (15 November 2019)
The court found that the applicants had demonstrated sufficient grounds for bail pending appeal, including their willingness to surrender travel documents and comply with reporting conditions. The court was satisfied that the risk of flight could be mitigated by imposing strict bail conditions, including...
Source-derived case information.
- Citation
- [2019] ZANWHC 50
- Parties
- Applicant: Pieter Doorewaard; Applicant: Phillip Schutte; Respondent: The State
- Court
- North West High Court, Mafikeng
- Jurisdiction
- South Africa
- Case Number
- CAB 16/2019
- Procedural Posture
- Bail Application / Bail Pending Appeal
- Outcome
- Bail granted to both applicants pending appeal, subject to specified conditions.
- Judges
- R D Hendricks
- Legal Topics
- Bail Pending Appeal, Conditions of Bail, Travel Restrictions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pieter Doorewaard
Applicant
Phillip Schutte
Applicant
The State
Respondent
Procedural Posture
Bail Application / Bail Pending Appeal
Legal Issues
- 1 Whether the applicants should be granted bail pending appeal.
- 2 What conditions should be attached to bail to ensure compliance and prevent flight.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient grounds for bail pending appeal, including their willingness to surrender travel documents and comply with reporting conditions. The court was satisfied that the risk of flight could be mitigated by imposing strict bail conditions, including surrendering passports, restricting travel outside South Africa, and regular reporting to the police. The interests of justice were found to favour granting bail, subject to these conditions.
Court Disposition
Bail granted to both applicants pending appeal, subject to specified conditions.
Orders
- Each applicant is admitted to bail in the amount of R20,000.00.
- Applicants must surrender their travel documents to the investigating officer and are prohibited from travelling outside South Africa pending finalization of their appeal.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE NORTH WEST HIGH COURT, MAHIKENG
CASE NO: CAB 16/2019
In the matter between:
PIETER DOOREWAARD
1st Applicant
PHILLIP SCHUTTE
2nd Applicant
and
THE STATE
Respondent
DATE OF HEARING
: 07 NOVEMBER 2019
DATE OF JUDGMENT
: 15 NOVEMBER 2019
COUNSEL FOR APPELLANT
: ADV. ROUX SC
COUNSEL FOR THE RESPONDENT : ADV. MOEKETSI
ORDER / JUDGMENT – BAIL APPEAL
HENDRICKS ADJP
Introduction
[1] Mr. Pieter Doorewaard (1st applicant) and Mr. Phillipus Lodewyk Schutte (2nd applicant) are admitted to bail pending appeal in the amount of twenty thousand rand (R20 000.00) each.
[2] The 1st and 2nd applicant are to surrender their travel documents (passports) to the investigating officer, Colonel Nkosi, and they are prohibited from travelling outside the boarders of the Republic of South Africa (RSA), pending finalization of their appeal to the Supreme Court of Appeal (SCA).
[3] The 1st and 2nd applicant must report trice (X3 times) per week on Mondays, Wednesdays and Fridays between 08H00 and 16H00, at the Ventersdorp
Police Station, pending finalization of their appeal to the SCA.
[4] If reasons for this order / judgment is required, same must be requested within ten (10) days from date of this order / judgment.
___________________
R D HENDRICKS
ACTING DEPUTY JUDGE PRESIDENT OF THE HIGH COURT,
NORTH WEST DIVISION, MAHIKENG.