Khumalo v S (SS028/2016) [2023] ZAGPJHC 685 (12 June 2023)

Khumalo v S (SS028/2016) [2023] ZAGPJHC 685 (12 June 2023)

The court found that the applicant failed to discharge the onus of proving exceptional circumstances justifying release on bail pending appeal. The applicant's assertion that the grant of leave to appeal constituted such circumstances was rejected, as the conviction was based on admissible evidence, including a confession corroborated by aliunde evidence, and both his and his witness's evidence were rejected at trial. The applicant failed to provide a verifiable physical address, raising concerns about flight risk, and did not address evidence that witnesses were intimidated or killed after his previous release on bail. The court held that the applicant's allegations were vague,...

Citation
[2023] ZAGPJHC 685
Parties
Appellant: Walter Dumisani Khumalo; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2023
Case Number
SS028/2016
Procedural Posture
Bail Application / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal dismissed.
Judges
PJ Johnson
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Minimum Sentencing, Confession Evidence
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Minimum Sentencing Confession Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Walter Dumisani Khumalo

Appellant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has discharged the onus to prove exceptional circumstances justifying release on bail pending appeal.
  2. 2 Whether the grant of leave to appeal constitutes an exceptional circumstance for bail.
  3. 3 Whether the applicant is a flight risk and whether his release would endanger public safety.

Ratio Decidendi

The court found that the applicant failed to discharge the onus of proving exceptional circumstances justifying release on bail pending appeal. The applicant's assertion that the grant of leave to appeal constituted such circumstances was rejected, as the conviction was based on admissible evidence, including a confession corroborated by aliunde evidence, and both his and his witness's evidence were rejected at trial. The applicant failed to provide a verifiable physical address, raising concerns about flight risk, and did not address evidence that witnesses were intimidated or killed after his previous release on bail. The court held that the applicant's allegations were vague,...

Court Disposition

Application for bail pending appeal dismissed.

Orders

  • The application for bail is dismissed.