Makwakwa v S (A14/2016) [2016] ZAGPJHC 106 (18 May 2016)

Makwakwa v S (A14/2016) [2016] ZAGPJHC 106 (18 May 2016)

The appellant failed to discharge the onus to prove exceptional circumstances justifying release on bail for a schedule 6 offence. His affidavit was less persuasive than viva voce evidence, and he did not address the strength of the State's case, which was substantial. The appellant's repeated absences and lack of proper explanation undermined the interests of justice and the proper functioning of the criminal justice system. The magistrate's refusal of bail was correct, and there were no grounds to find the decision was wrong. The requirements of section 65(4) of the Criminal Procedure Act were not met, and the appeal was dismissed.

Citation
[2016] ZAGPJHC 106
Parties
Appellant: Itumeleng Makwakwa; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 May 2016
Case Number
A14/2016
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal dismissed; bail application refused.
Judges
Dosio
Legal Topics
Bail Application, Exceptional Circumstances, Criminal Procedure Act, Onus of Proof, Interests of Justice
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Criminal Procedure Act Onus of Proof Interests of Justice

Case Brief

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Parties

Itumeleng Makwakwa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the appellant discharged the onus to prove exceptional circumstances justifying release on bail for a schedule 6 offence.
  2. 2 Whether the magistrate exercised discretion wrongly in refusing bail.
  3. 3 Whether the interests of justice permit the appellant's release on bail.

Ratio Decidendi

The appellant failed to discharge the onus to prove exceptional circumstances justifying release on bail for a schedule 6 offence. His affidavit was less persuasive than viva voce evidence, and he did not address the strength of the State's case, which was substantial. The appellant's repeated absences and lack of proper explanation undermined the interests of justice and the proper functioning of the criminal justice system. The magistrate's refusal of bail was correct, and there were no grounds to find the decision was wrong. The requirements of section 65(4) of the Criminal Procedure Act were not met, and the appeal was dismissed.

Court Disposition

Appeal dismissed; bail application refused.

Orders

  • The appellant's application for bail is dismissed.