Lekgau v S (A1030/10) [2011] ZAGPPHC 203 (21 October 2011)

Lekgau v S (A1030/10) [2011] ZAGPPHC 203 (21 October 2011)

The court found that, although the issues regarding trial delays and missing dockets were not directly relevant to the application for leave to appeal, the inordinate delay in finalizing the case after the appellant's arrest four years prior was a factor to be considered. The court acknowledged that its previous remarks regarding bail in cases involving multiple charges could be interpreted as reflecting personal views rather than a dispassionate consideration of the appeal. Given the possibility that another court might arrive at a different conclusion, particularly in light of the constitutional rights involved and the delay in proceedings, the court held that leave to appeal should be...

Citation
[2011] ZAGPPHC 203
Parties
Applicant: Diale Phillip Lekgau; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 October 2011
Case Number
A1030/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Bail
Outcome
Leave to appeal to the Supreme Court of Appeal against the High Court's decision refusing bail is granted.
Judges
Mavundla
Legal Topics
Bail Application, Leave to Appeal, Presumption of Innocence, Constitutional Rights of Children
Criminal Law Civil Procedure Bail Application Leave to Appeal Presumption of Innocence Constitutional Rights of Children

Case Brief

Summary, issues, holding and outcome

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Parties

Diale Phillip Lekgau

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether leave to appeal should be granted against the refusal of bail by the High Court.
  2. 2 Whether the court misdirected itself in interpreting section 65(4) of the Criminal Procedure Act.
  3. 3 Whether the appellant's constitutional rights, including family and parental care under section 28(2) of the Constitution, were properly considered.

Ratio Decidendi

The court found that, although the issues regarding trial delays and missing dockets were not directly relevant to the application for leave to appeal, the inordinate delay in finalizing the case after the appellant's arrest four years prior was a factor to be considered. The court acknowledged that its previous remarks regarding bail in cases involving multiple charges could be interpreted as reflecting personal views rather than a dispassionate consideration of the appeal. Given the possibility that another court might arrive at a different conclusion, particularly in light of the constitutional rights involved and the delay in proceedings, the court held that leave to appeal should be...

Court Disposition

Leave to appeal to the Supreme Court of Appeal against the High Court's decision refusing bail is granted.

Orders

  • Leave to appeal to the Supreme Court of Appeal, against this Court's decision on 22 December 2010 dismissing the appeal of the appellant against the decision of the magistrate, Mr. Makgoba on 26 October 2010, is granted.