Maseko v S (SS107/2019) [2022] ZAGPJHC 886 (25 October 2022)

Maseko v S (SS107/2019) [2022] ZAGPJHC 886 (25 October 2022)

The court held that the applicant bears the onus to establish exceptional circumstances justifying bail pending appeal, especially given his changed status as a convicted person serving a lengthy sentence. While the granting of leave to appeal by the Supreme Court of Appeal is an important factor, it does not automatically entitle the applicant to bail. The court considered the applicant's personal circumstances, including his lack of previous convictions, strong family ties, fixed address, gainful employment, and compliance with previous bail conditions. The applicant attended all trial proceedings and co-operated with the police. The court found that, individually and cumulatively,...

Citation
[2022] ZAGPJHC 886
Parties
Applicant: Arnold Maseko; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 October 2022
Case Number
SS107/2019
Procedural Posture
Bail Application / Application for Bail Pending Appeal After Conviction and Sentence
Outcome
Application for bail pending appeal granted.
Judges
Oosthuizen-Senekal CSP
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Prospects of Success, Risk of Abscondment, Common Purpose, Versari in Re Illicita
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Prospects of Success Risk of Abscondment Common Purpose Versari in Re Illicita

Case Brief

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Parties

Arnold Maseko

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail Pending Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant has established exceptional circumstances justifying bail pending appeal after conviction and sentence.
  2. 2 Whether the interests of justice permit the applicant's release on bail.
  3. 3 Whether the applicant poses a flight risk given the seriousness of the offences and sentence imposed.

Ratio Decidendi

The court held that the applicant bears the onus to establish exceptional circumstances justifying bail pending appeal, especially given his changed status as a convicted person serving a lengthy sentence. While the granting of leave to appeal by the Supreme Court of Appeal is an important factor, it does not automatically entitle the applicant to bail. The court considered the applicant's personal circumstances, including his lack of previous convictions, strong family ties, fixed address, gainful employment, and compliance with previous bail conditions. The applicant attended all trial proceedings and co-operated with the police. The court found that, individually and cumulatively,...

Court Disposition

Application for bail pending appeal granted.

Orders

  • The draft order marked 'X' is made an order of court.
  • The applicant is granted bail pending appeal on stringent conditions, including an increased bail amount of R10,000.