Lungisa v S (CA&R 159/2018) [2020] ZAECGHC 110 (25 September 2020)

Lungisa v S (CA&R 159/2018) [2020] ZAECGHC 110 (25 September 2020)

The court found that the applicant had met the criteria for bail set out in section 60 of the Criminal Procedure Act. There was no evidence that he posed a flight risk, was inherently violent, or would undermine the criminal justice system. The applicant's personal circumstances, including his family ties, employment, and previous compliance with bail conditions, weighed in his favour. Although two appeal courts had confirmed his conviction and sentence, the issues raised in his application to the Constitutional Court were reasonably arguable and not manifestly doomed to failure. The interests of justice required that bail be granted pending the outcome of his application for leave to...

Citation
[2020] ZAECGHC 110
Parties
Applicant: Andile Lungisa; Respondent: The State
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
25 September 2020
Case Number
CA&R 159/2018
Procedural Posture
Urgent Application / Application for Bail Pending Leave to Appeal to Constitutional Court
Outcome
Bail granted to the applicant pending the determination of his application for leave to appeal to the Constitutional Court, subject to specified conditions.
Judges
Rugunanan
Legal Topics
Bail After Conviction, Reasonable Prospects of Success, Constitutional Right to Liberty, Interests of Justice
Criminal Law Civil Procedure Bail After Conviction Reasonable Prospects of Success Constitutional Right to Liberty Interests of Justice

Case Brief

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Parties

Andile Lungisa

Applicant

The State

Respondent

Procedural Posture

Urgent Application / Application for Bail Pending Leave to Appeal to Constitutional Court

Legal Issues

  1. 1 Whether it is in the interests of justice for the applicant to be released on bail pending his application for leave to appeal to the Constitutional Court.
  2. 2 Whether the applicant has reasonable prospects of success in appealing against his sentence.

Ratio Decidendi

The court found that the applicant had met the criteria for bail set out in section 60 of the Criminal Procedure Act. There was no evidence that he posed a flight risk, was inherently violent, or would undermine the criminal justice system. The applicant's personal circumstances, including his family ties, employment, and previous compliance with bail conditions, weighed in his favour. Although two appeal courts had confirmed his conviction and sentence, the issues raised in his application to the Constitutional Court were reasonably arguable and not manifestly doomed to failure. The interests of justice required that bail be granted pending the outcome of his application for leave to...

Court Disposition

Bail granted to the applicant pending the determination of his application for leave to appeal to the Constitutional Court, subject to specified conditions.

Orders

  • The applicant is granted bail in the amount of R10,000 (ten thousand Rand).
  • He must remain resident at 24 Thriftwood Complex, Walker Drive, Port Elizabeth until his application for leave to appeal to the Constitutional Court is determined.