Modise v S (A13/2021) [2021] ZAFSHC 46; 2021 (2) SACR 218 (FB) (22 February 2021)

Modise v S (A13/2021) [2021] ZAFSHC 46; 2021 (2) SACR 218 (FB) (22 February 2021)

The appeal was dismissed because the grounds relied upon by the appellant had become moot due to the delay in bringing the appeal and subsequent developments, including the scheduling of the trial and the ability to cure the lack of psychiatric services by court order. The magistrate's failure to properly declare and apply the correct schedule and onus was noted, but this did not alter the outcome, as the application would have failed under both Schedule 5 and Schedule 6. The court emphasized that bail applications must commence with a determination of the applicable schedule and onus, and that appeals based on new facts must be timely and procedurally correct. The appellant retains the...

Citation
[2021] ZAFSHC 46
Parties
Appellant: Molefi Modise; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 February 2021
Case Number
A13/2021
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail on New Facts
Outcome
Appeal dismissed.
Judges
Opperman, J
Legal Topics
Bail Appeal, New Facts on Appeal, Onus in Bail Applications, Schedule 5 and 6 Offences, Delay in Prosecution, Covid 19 Prison Conditions
Criminal Law Civil Procedure Bail Appeal New Facts on Appeal Onus in Bail Applications Schedule 5 and 6 Offences Delay in Prosecution Covid 19 Prison Conditions

Case Brief

Summary, issues, holding and outcome

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Parties

Molefi Modise

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail on New Facts

Legal Issues

  1. 1 Whether the appeal against refusal of bail on new facts should be entertained given the delay and subsequent developments.
  2. 2 Whether the magistrate correctly applied the onus and schedule in the bail application.
  3. 3 Whether the grounds for bail on new facts remain relevant or have become moot due to changed circumstances.

Ratio Decidendi

The appeal was dismissed because the grounds relied upon by the appellant had become moot due to the delay in bringing the appeal and subsequent developments, including the scheduling of the trial and the ability to cure the lack of psychiatric services by court order. The magistrate's failure to properly declare and apply the correct schedule and onus was noted, but this did not alter the outcome, as the application would have failed under both Schedule 5 and Schedule 6. The court emphasized that bail applications must commence with a determination of the applicable schedule and onus, and that appeals based on new facts must be timely and procedurally correct. The appellant retains the...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.