Mkhangeli v S (CC130/10) [2025] ZAECMHC 13 (5 March 2025)

Mkhangeli v S (CC130/10) [2025] ZAECMHC 13 (5 March 2025)

The applicant failed to demonstrate exceptional circumstances justifying release on bail pending appeal. He did not take reasonable steps to reconstruct the missing parts of the trial record, despite the availability of the trial judge and legal representatives. The applicant's prior conduct, including failure to appear in court after being released on bail and subsequent detention until trial, indicates a risk of absconding. The interests of justice do not permit his release, as the applicant has not discharged the onus required under section 60(11)(a) of the Criminal Procedure Act. The application for bail pending appeal is therefore dismissed.

Citation
[2025] ZAECMHC 13
Parties
Applicant: Mzolisi Mkhangeli; Respondent: The State
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
5 March 2025
Case Number
CC130/10
Procedural Posture
Bail Application / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal dismissed.
Judges
Cengani-Mbakaza
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Flight Risk, Record Reconstruction, Interests of Justice
Criminal Law Bail Pending Appeal Exceptional Circumstances Flight Risk Record Reconstruction Interests of Justice

Case Brief

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Parties

Mzolisi Mkhangeli

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has shown exceptional circumstances justifying release on bail pending appeal.
  2. 2 Whether the interests of justice permit the applicant's release on bail or warning.
  3. 3 Whether the applicant's conduct and failure to reconstruct the record affect his eligibility for bail.

Ratio Decidendi

The applicant failed to demonstrate exceptional circumstances justifying release on bail pending appeal. He did not take reasonable steps to reconstruct the missing parts of the trial record, despite the availability of the trial judge and legal representatives. The applicant's prior conduct, including failure to appear in court after being released on bail and subsequent detention until trial, indicates a risk of absconding. The interests of justice do not permit his release, as the applicant has not discharged the onus required under section 60(11)(a) of the Criminal Procedure Act. The application for bail pending appeal is therefore dismissed.

Court Disposition

Application for bail pending appeal dismissed.

Orders

  • The application for bail pending the appeal is dismissed.