Mabejane and Others v S (K/S 07/2015) [2018] ZANCHC 16 (2 February 2018)

Mabejane and Others v S (K/S 07/2015) [2018] ZANCHC 16 (2 February 2018)

The court found that while the granting of leave to appeal by the Supreme Court of Appeal is not in itself an exceptional circumstance, when considered together with the applicants' previous compliance with bail conditions, fixed addresses, lack of abscondment, and the absence of a flight risk, these factors cumulatively constitute exceptional circumstances justifying bail pending appeal. The court emphasized the importance of minimizing interference with personal freedom and avoiding anticipatory punishment before conviction and sentence. The applicants were therefore granted bail pending the determination of their appeal, subject to strict conditions to mitigate any risk of abscondment.

Citation
[2018] ZANCHC 16
Parties
Applicant: Kearabetswe McNulty Mabejane; Applicant: Kitlano Occasion Mabejane; Applicant: Gadihele Patricia Kgomoelela; Applicant: Tshepiso Shadrack Modutwane; Applicant: Sipho Gift Keogatile; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
2 February 2018
Case Number
K/S 07/2015
Procedural Posture
Urgent Application / Application for Bail Pending Appeal
Outcome
Bail granted to all applicants pending appeal, subject to specified conditions.
Judges
Mamosebo
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Prospects of Success, Flight Risk, Personal Freedom
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Prospects of Success Flight Risk Personal Freedom

Case Brief

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Parties

Kearabetswe McNulty Mabejane

Applicant

Kitlano Occasion Mabejane

Applicant

Gadihele Patricia Kgomoelela

Applicant

Tshepiso Shadrack Modutwane

Applicant

Sipho Gift Keogatile

Applicant

The State

Respondent

Procedural Posture

Urgent Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicants have demonstrated exceptional circumstances justifying bail pending appeal.
  2. 2 Whether the granting of leave to appeal by the Supreme Court of Appeal constitutes an exceptional circumstance.
  3. 3 Whether the applicants pose a flight risk if released on bail pending appeal.

Ratio Decidendi

The court found that while the granting of leave to appeal by the Supreme Court of Appeal is not in itself an exceptional circumstance, when considered together with the applicants' previous compliance with bail conditions, fixed addresses, lack of abscondment, and the absence of a flight risk, these factors cumulatively constitute exceptional circumstances justifying bail pending appeal. The court emphasized the importance of minimizing interference with personal freedom and avoiding anticipatory punishment before conviction and sentence. The applicants were therefore granted bail pending the determination of their appeal, subject to strict conditions to mitigate any risk of abscondment.

Court Disposition

Bail granted to all applicants pending appeal, subject to specified conditions.

Orders

  • The applicants are granted bail in an amount of R5,000.00 each pending the determination of their appeal by the Full Bench of the Northern Cape Division of the High Court.
  • The applicants are prohibited from obtaining any passport or other travelling document whilst on bail.