Jwara and Others v S (A229/09) [2009] ZAGPJHC 72 (21 August 2009)

Jwara and Others v S (A229/09) [2009] ZAGPJHC 72 (21 August 2009)

The court found that, although there is some uncertainty regarding whether leave to appeal is required from the High Court in bail matters, the applicants have demonstrated reasonable prospects of success on appeal. The factual disputes concerning possible interference with witnesses and alleged threats are arguable and unpredictable, and the liberty of the applicants is at stake. The interests of justice and expediency require that the matter be considered by the Supreme Court of Appeal. Accordingly, leave to appeal is granted.

Citation
[2009] ZAGPJHC 72
Parties
Applicant: Petros Dumisani Jwara and Others; Respondent: State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 August 2009
Case Number
A229/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal After Dismissal of Bail Appeal by a Single Judge of the High Court.
Outcome
Leave to appeal is granted to the applicants to appeal to the Supreme Court of Appeal.
Judges
DSS Moshidi
Legal Topics
Bail Application, Leave to Appeal, Reasonable Prospects of Success, Liberty Rights
Criminal Law Civil Procedure Bail Application Leave to Appeal Reasonable Prospects of Success Liberty Rights

Case Brief

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Parties

Petros Dumisani Jwara and Others

Applicant

State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal After Dismissal of Bail Appeal by a Single Judge of the High Court.

Legal Issues

  1. 1 Whether the applicants require leave to appeal from the High Court to the Supreme Court of Appeal in bail matters.
  2. 2 Whether there are reasonable prospects of success on appeal against the refusal of bail.
  3. 3 Whether the factual disputes regarding interference with witnesses and threats of violence justify granting leave to appeal.

Ratio Decidendi

The court found that, although there is some uncertainty regarding whether leave to appeal is required from the High Court in bail matters, the applicants have demonstrated reasonable prospects of success on appeal. The factual disputes concerning possible interference with witnesses and alleged threats are arguable and unpredictable, and the liberty of the applicants is at stake. The interests of justice and expediency require that the matter be considered by the Supreme Court of Appeal. Accordingly, leave to appeal is granted.

Court Disposition

Leave to appeal is granted to the applicants to appeal to the Supreme Court of Appeal.

Orders

  • Leave is hereby granted to the applicants to appeal to the Supreme Court of Appeal.