Majola v S (CA&R 15/2019) [2020] ZAECPEHC 21 (25 June 2020)

Majola v S (CA&R 15/2019) [2020] ZAECPEHC 21 (25 June 2020)

The court found that the applicant failed to present any genuinely new facts in support of her bail application. The facts relied upon were either previously canvassed or irrelevant to the determination of bail, such as polygraph results and confessions not relied upon by the State. The applicant's arguments amounted to a repetition and elaboration of earlier submissions, and did not meet the threshold of exceptional circumstances required by section 60(11) of the Criminal Procedure Act. Consequently, the application for bail was dismissed.

Citation
[2020] ZAECPEHC 21
Parties
Applicant: Nontuthuzelo Majola; Respondent: The State
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
25 June 2020
Case Number
CA&R 15/2019
Procedural Posture
Bail Application / Application for Bail on New Facts After Two Previous Refusals
Outcome
Application for bail dismissed.
Judges
M Makaula
Legal Topics
Bail Application, Exceptional Circumstances, Common Purpose, Polygraph Evidence, Confession Admissibility
Criminal Law Bail Application Exceptional Circumstances Common Purpose Polygraph Evidence Confession Admissibility

Case Brief

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Parties

Nontuthuzelo Majola

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail on New Facts After Two Previous Refusals

Legal Issues

  1. 1 Whether the applicant has presented new facts sufficient to justify reconsideration of bail.
  2. 2 Whether the facts relied upon constitute exceptional circumstances under section 60(11) of the Criminal Procedure Act.
  3. 3 Whether the evidence of polygraph tests and confessions are relevant to bail proceedings.

Ratio Decidendi

The court found that the applicant failed to present any genuinely new facts in support of her bail application. The facts relied upon were either previously canvassed or irrelevant to the determination of bail, such as polygraph results and confessions not relied upon by the State. The applicant's arguments amounted to a repetition and elaboration of earlier submissions, and did not meet the threshold of exceptional circumstances required by section 60(11) of the Criminal Procedure Act. Consequently, the application for bail was dismissed.

Court Disposition

Application for bail dismissed.

Orders

  • The application for bail is dismissed.