Mazibuko and Another v S (8774/09) [2009] ZAKZPHC 61; 2010 (1) SACR 433 (KZP) (19 November 2009)

Mazibuko and Another v S (8774/09) [2009] ZAKZPHC 61; 2010 (1) SACR 433 (KZP) (19 November 2009)

The court held that 'exceptional circumstances' under section 60(11)(a) of the Criminal Procedure Act require circumstances that weigh exceptionally heavily in favour of the accused, rendering the case for bail exceptionally strong or compelling. The magistrate's approach was correct, except for setting the bar as nearly impossible. The appellants failed to prove any factor to an exceptional degree. Their affidavits regarding personal circumstances were contradicted by the investigating officer and lacked documentary support. The alleged weakness of the State's case was not substantiated beyond mere denial and uncorroborated claims of mistaken identity and alibi. The appellants did not...

Citation
[2009] ZAKZPHC 61
Parties
Appellant: Thulani Sifiso Mazibuko; Appellant: Ambrose Simphiwe Cebekhulu; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
19 November 2009
Case Number
8774/09
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail in Regional Court
Outcome
Appeal dismissed; bail remains refused.
Judges
A.J. Rall
Legal Topics
Bail Application, Exceptional Circumstances, Criminal Procedure Act Section 60, Onus of Proof, Flight Risk, Prejudice to Accused
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Criminal Procedure Act Section 60 Onus of Proof Flight Risk Prejudice to Accused

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Parties

Thulani Sifiso Mazibuko

Appellant

Ambrose Simphiwe Cebekhulu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail in Regional Court

Legal Issues

  1. 1 What constitutes 'exceptional circumstances' under section 60(11)(a) of the Criminal Procedure Act for Schedule 6 offences.
  2. 2 Whether the appellants discharged the onus to prove exceptional circumstances justifying release on bail.
  3. 3 Whether the magistrate erred in refusing bail to the appellants.

Ratio Decidendi

The court held that 'exceptional circumstances' under section 60(11)(a) of the Criminal Procedure Act require circumstances that weigh exceptionally heavily in favour of the accused, rendering the case for bail exceptionally strong or compelling. The magistrate's approach was correct, except for setting the bar as nearly impossible. The appellants failed to prove any factor to an exceptional degree. Their affidavits regarding personal circumstances were contradicted by the investigating officer and lacked documentary support. The alleged weakness of the State's case was not substantiated beyond mere denial and uncorroborated claims of mistaken identity and alibi. The appellants did not...

Court Disposition

Appeal dismissed; bail remains refused.

Orders

  • The appeals of both appellants are dismissed.
  • The refusal of bail by the regional magistrate is confirmed.