Mabaso v S (101/2022) [2024] ZAGPJHC 322 (28 March 2024)

Mabaso v S (101/2022) [2024] ZAGPJHC 322 (28 March 2024)

The court found that the applicant failed to present credible new facts to justify reconsideration of bail. The medical certificate dated 30 August 2023 was not presented at the earlier hearing despite being in the applicant's possession, and its authenticity was questioned. The applicant did not provide satisfactory explanations for his absence on multiple required dates, nor did he address his history of violating bail conditions and committing further offences while on bail. The court held that the applicant's conduct undermined the administration of justice and that the evidence presented was insufficient and appeared fabricated. Accordingly, the application for bail on new facts was...

Citation
[2024] ZAGPJHC 322
Parties
Applicant: Mabaso Mxolisi Thulani; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2024
Case Number
101/2022
Procedural Posture
Bail Application / Application for Bail on New Facts After Previous Bail Cancellation
Outcome
Application for bail on new facts dismissed. Applicant to remain in custody until finalization of charges.
Judges
MA Makume
Legal Topics
Bail Cancellation, Onus of Proof, New Facts in Bail, Failure to Comply With Bail Conditions, Administration of Justice
Criminal Law Civil Procedure Bail Cancellation Onus of Proof New Facts in Bail Failure to Comply With Bail Conditions Administration of Justice

Case Brief

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Parties

Mabaso Mxolisi Thulani

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail on New Facts After Previous Bail Cancellation

Legal Issues

  1. 1 Whether the applicant has presented new facts sufficient to justify reconsideration of bail.
  2. 2 Whether the applicant's failure to comply with bail conditions was not due to his own fault.
  3. 3 Whether the medical evidence submitted constitutes credible new facts.

Ratio Decidendi

The court found that the applicant failed to present credible new facts to justify reconsideration of bail. The medical certificate dated 30 August 2023 was not presented at the earlier hearing despite being in the applicant's possession, and its authenticity was questioned. The applicant did not provide satisfactory explanations for his absence on multiple required dates, nor did he address his history of violating bail conditions and committing further offences while on bail. The court held that the applicant's conduct undermined the administration of justice and that the evidence presented was insufficient and appeared fabricated. Accordingly, the application for bail on new facts was...

Court Disposition

Application for bail on new facts dismissed. Applicant to remain in custody until finalization of charges.

Orders

  • The application to be released on bail is dismissed.
  • The accused is to be held in custody until the charges against him have been finalized.