Gwababa v S (CC104/13) [2018] ZAGPPHC 924 (10 December 2018)

Gwababa v S (CC104/13) [2018] ZAGPPHC 924 (10 December 2018)

The court held that although the Supreme Court of Appeal granted leave to appeal to the applicant and his co-accused, this fact alone does not entitle the applicant to bail pending appeal. The judge considered all relevant factors pertaining to bail applications, including the interests of justice and the applicant's prospects of success on appeal. After reviewing the judgment and the reasons for granting leave, the court concluded that the applicant's prospects of success on appeal, as found by the Supreme Court of Appeal, do not justify his release on bail in the interests of justice. Accordingly, the application for bail was dismissed.

Citation
[2018] ZAGPPHC 924
Parties
Applicant: Lungisa Gwababa; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 December 2018
Case Number
CC104/13
Procedural Posture
Bail Application / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal dismissed.
Judges
BAM
Legal Topics
Bail Pending Appeal, Prospects of Success, Murder Conviction
Criminal Law Bail Pending Appeal Prospects of Success Murder Conviction

Case Brief

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Parties

Lungisa Gwababa

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal after being granted leave to appeal.
  2. 2 Whether the prospects of success on appeal justify release on bail in the interests of justice.

Ratio Decidendi

The court held that although the Supreme Court of Appeal granted leave to appeal to the applicant and his co-accused, this fact alone does not entitle the applicant to bail pending appeal. The judge considered all relevant factors pertaining to bail applications, including the interests of justice and the applicant's prospects of success on appeal. After reviewing the judgment and the reasons for granting leave, the court concluded that the applicant's prospects of success on appeal, as found by the Supreme Court of Appeal, do not justify his release on bail in the interests of justice. Accordingly, the application for bail was dismissed.

Court Disposition

Application for bail pending appeal dismissed.

Orders

  • The application for bail pending appeal is dismissed.