Dubule and Another v S (SS59/2023) [2024] ZAGPJHC 383 (20 March 2024)

Dubule and Another v S (SS59/2023) [2024] ZAGPJHC 383 (20 March 2024)

The court found that neither applicant had discharged the onus of proving exceptional circumstances justifying release on bail. The medical and psychological conditions of the applicants' children, while unfortunate, were not substantiated by sufficient medical evidence nor shown to be directly linked to the applicants' incarceration. The social worker's report lacked diagnostic authority and failed to establish a causal connection. The applicants' financial and employment claims were unsubstantiated. The seriousness of the offences, the applicants' criminal histories, and the strength of the State's prima facie case weighed against bail. The court emphasized that the interests of justice...

Citation
[2024] ZAGPJHC 383
Parties
Applicant: Luyanda Mzizi Dubule; Applicant: Bongani Floyd Jele; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2024
Case Number
SS59/2023
Procedural Posture
Bail Application / Judgment on Bail Application (new Facts for First Applicant; Initial Application for Second Applicant)
Outcome
Applications for bail by both applicants are dismissed.
Judges
Noko
Legal Topics
Bail Application, Exceptional Circumstances, Schedule 6 Offences, Child Rights Under Section 28, Flight Risk, Strength of State Case
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Schedule 6 Offences Child Rights Under Section 28 Flight Risk Strength of State Case

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Luyanda Mzizi Dubule

Applicant

Bongani Floyd Jele

Applicant

The State

Respondent

Procedural Posture

Bail Application / Judgment on Bail Application (new Facts for First Applicant; Initial Application for Second Applicant)

Legal Issues

  1. 1 Whether the applicants have established exceptional circumstances justifying release on bail under section 60(11)(a) of the Criminal Procedure Act.
  2. 2 Whether the medical and psychological conditions of the applicants' children constitute exceptional circumstances.
  3. 3 Whether the applicants pose a flight risk or risk of interfering with the administration of justice.

Ratio Decidendi

The court found that neither applicant had discharged the onus of proving exceptional circumstances justifying release on bail. The medical and psychological conditions of the applicants' children, while unfortunate, were not substantiated by sufficient medical evidence nor shown to be directly linked to the applicants' incarceration. The social worker's report lacked diagnostic authority and failed to establish a causal connection. The applicants' financial and employment claims were unsubstantiated. The seriousness of the offences, the applicants' criminal histories, and the strength of the State's prima facie case weighed against bail. The court emphasized that the interests of justice...

Court Disposition

Applications for bail by both applicants are dismissed.

Orders

  • The bail applications of Luyanda Mzizi Dubule and Bongani Floyd Jele are refused.
  • Both applicants are to remain in custody pending trial.