Masoanganye v S (252/2011) [2011] ZASCA 119; 2012 (1) SACR 292 (SCA) (7 July 2011)

Masoanganye v S (252/2011) [2011] ZASCA 119; 2012 (1) SACR 292 (SCA) (7 July 2011)

The Supreme Court of Appeal held that the special entries relied upon by the appellants did not qualify under section 318 of the Criminal Procedure Act, as they concerned attacks on rulings made during proceedings and did not relate to irregularities not appearing on the record. Therefore, the notices of appeal filed in the Supreme Court of Appeal were irregular and had to be set aside. The court found no factual basis for the appellants' belief that the full bench of the High Court would defer to the trial judge due to her position as judge president. Regarding bail, the trial court failed to consider the personal circumstances of the second appellant, which indicated she was not a...

Citation
[2011] ZASCA 119
Parties
Appellant: Andries Joe Masoanganye; Appellant: Tlaleng Alina Mhlekwa; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 July 2011
Case Number
252/2011
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail and Application for Further Evidence on Bail Appeal
Outcome
The appeal of the first appellant is dismissed; the appeal of the second appellant is upheld and bail is granted to her subject to specified conditions.
Judges
Harms, Brand, Maya
Legal Topics
Bail Pending Appeal, Special Entries, Flight Risk, Leave to Appeal, Sentencing, Trial Irregularities
Criminal Law Civil Procedure Bail Pending Appeal Special Entries Flight Risk Leave to Appeal Sentencing Trial Irregularities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Andries Joe Masoanganye

Appellant

Tlaleng Alina Mhlekwa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail and Application for Further Evidence on Bail Appeal

Legal Issues

  1. 1 Whether the trial court erred in refusing bail to the appellants pending appeal.
  2. 2 Whether the special entries made during trial entitled the appellants to appeal as of right to the Supreme Court of Appeal under section 318 of the Criminal Procedure Act.
  3. 3 Whether the trial court properly exercised its discretion in assessing flight risk and personal circumstances for bail.

Ratio Decidendi

The Supreme Court of Appeal held that the special entries relied upon by the appellants did not qualify under section 318 of the Criminal Procedure Act, as they concerned attacks on rulings made during proceedings and did not relate to irregularities not appearing on the record. Therefore, the notices of appeal filed in the Supreme Court of Appeal were irregular and had to be set aside. The court found no factual basis for the appellants' belief that the full bench of the High Court would defer to the trial judge due to her position as judge president. Regarding bail, the trial court failed to consider the personal circumstances of the second appellant, which indicated she was not a...

Court Disposition

The appeal of the first appellant is dismissed; the appeal of the second appellant is upheld and bail is granted to her subject to specified conditions.

Orders

  • The appeal of the first appellant is dismissed.
  • The appeal of the second appellant is upheld.