Mathibela v S (CC149/16) [2020] ZAGPPHC 243 (18 March 2020)

Mathibela v S (CC149/16) [2020] ZAGPPHC 243 (18 March 2020)

The court found that the applicant failed to provide a satisfactory explanation for the delay in lodging the application for leave to appeal, despite being legally represented throughout the proceedings. The applicant did not address why he did not instruct his legal team to lodge the application timeously, nor did he clarify when his new attorney came on record. The argument that the bail condition was vague was rejected; the court held that surrendering the passport was intended to prevent the applicant from leaving the country lawfully. The applicant's conduct in retaining and using the passport, and subsequently locking it in a hotel safe, constituted a breach of the bail condition....

Citation
[2020] ZAGPPHC 243
Parties
Applicant: Vusi Reginald Mathibela; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 March 2020
Case Number
CC149/16
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Against Bail Cancellation Order
Outcome
Condonation application dismissed; leave to appeal not granted.
Judges
BAM
Legal Topics
Bail Cancellation, Condonation, Superior Courts Act, Breach of Bail Conditions
Criminal Law Civil Procedure Bail Cancellation Condonation Superior Courts Act Breach of Bail Conditions

Case Brief

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Parties

Vusi Reginald Mathibela

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Against Bail Cancellation Order

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal against the bail cancellation order.
  2. 2 Whether there are reasonable prospects of success on appeal regarding the bail cancellation.
  3. 3 Whether the applicant provided sufficient explanation for the delay in lodging the application.

Ratio Decidendi

The court found that the applicant failed to provide a satisfactory explanation for the delay in lodging the application for leave to appeal, despite being legally represented throughout the proceedings. The applicant did not address why he did not instruct his legal team to lodge the application timeously, nor did he clarify when his new attorney came on record. The argument that the bail condition was vague was rejected; the court held that surrendering the passport was intended to prevent the applicant from leaving the country lawfully. The applicant's conduct in retaining and using the passport, and subsequently locking it in a hotel safe, constituted a breach of the bail condition....

Court Disposition

Condonation application dismissed; leave to appeal not granted.

Orders

  • The application for condonation is dismissed.
  • Leave to appeal against the bail cancellation order is refused.