Mahlangu v S (A23/2020) [2020] ZAGPPHC 129 (21 February 2020)

Mahlangu v S (A23/2020) [2020] ZAGPPHC 129 (21 February 2020)

The court found that the appellant failed to discharge the onus required under Section 60(11)(a) of the Criminal Procedure Act to prove exceptional circumstances justifying release on bail for Schedule 6 offences. The appellant was already on bail for two pending rape charges and subsequently committed further offences. The charges had not been withdrawn, and the appellant was not a first offender. The magistrate did not err in refusing bail, and no exceptional circumstances were established that would permit release in the interests of justice. The appeal was accordingly refused.

Citation
[2020] ZAGPPHC 129
Parties
Appellant: Clement Mahlangu; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 February 2020
Case Number
A23/2020
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Under Section 65 of the Criminal Procedure Act
Outcome
Appeal refused; bail remains denied.
Judges
E Van Olst
Legal Topics
Bail Application, Exceptional Circumstances, Schedule 6 Offences, Interests of Justice
Criminal Law Bail Application Exceptional Circumstances Schedule 6 Offences Interests of Justice

Case Brief

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Parties

Clement Mahlangu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Under Section 65 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the appellant discharged the onus to prove exceptional circumstances justifying release on bail for Schedule 6 offences.
  2. 2 Whether the magistrate erred in refusing bail to the appellant.
  3. 3 Whether the appellant's personal circumstances and lack of prior convictions constitute exceptional circumstances.

Ratio Decidendi

The court found that the appellant failed to discharge the onus required under Section 60(11)(a) of the Criminal Procedure Act to prove exceptional circumstances justifying release on bail for Schedule 6 offences. The appellant was already on bail for two pending rape charges and subsequently committed further offences. The charges had not been withdrawn, and the appellant was not a first offender. The magistrate did not err in refusing bail, and no exceptional circumstances were established that would permit release in the interests of justice. The appeal was accordingly refused.

Court Disposition

Appeal refused; bail remains denied.

Orders

  • The appeal against the refusal of bail is dismissed.
  • The appellant is to remain in custody pending trial.