Mkhatshwa v S (A112/21) [2021] ZAGPPHC 354 (27 May 2021)

Mkhatshwa v S (A112/21) [2021] ZAGPPHC 354 (27 May 2021)

The court found that the appellant failed to establish the existence of new facts that would justify his release on bail. The SAP 69 record, while showing no previous convictions, did not constitute a new fact sufficient to overturn the Magistrate's decision, especially as prior evidence indicated previous convictions and the record may not have been updated. Delays in investigation and the addition of accused persons were developments already disclosed and considered in the initial bail application. The appellant's medical condition of asthma was considered, but the court held that bail is not the appropriate remedy for inadequate medical care in custody. The Magistrate's reference to...

Citation
[2021] ZAGPPHC 354
Parties
Appellant: July Emmanuel Mkhatshwa; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
A112/21
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail on New Facts
Outcome
Appeal dismissed; Magistrate's refusal of bail on new facts upheld.
Judges
Msibi
Legal Topics
Bail Application, Exceptional Circumstances, New Facts, Criminal Procedure Act, Right to Freedom, Medical Condition in Custody
Criminal Law Civil Procedure Bail Application Exceptional Circumstances New Facts Criminal Procedure Act Right to Freedom Medical Condition in Custody

Case Brief

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Parties

July Emmanuel Mkhatshwa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail on New Facts

Legal Issues

  1. 1 Whether the appellant has established new facts justifying release on bail.
  2. 2 Whether the Magistrate erred in finding no exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act.
  3. 3 Whether the SAP 69 record constitutes a new fact relevant to bail.

Ratio Decidendi

The court found that the appellant failed to establish the existence of new facts that would justify his release on bail. The SAP 69 record, while showing no previous convictions, did not constitute a new fact sufficient to overturn the Magistrate's decision, especially as prior evidence indicated previous convictions and the record may not have been updated. Delays in investigation and the addition of accused persons were developments already disclosed and considered in the initial bail application. The appellant's medical condition of asthma was considered, but the court held that bail is not the appropriate remedy for inadequate medical care in custody. The Magistrate's reference to...

Court Disposition

Appeal dismissed; Magistrate's refusal of bail on new facts upheld.

Orders

  • The appeal is dismissed.