Ndlovu and Others v S (CC90/2017) [2019] ZAECPEHC 72 (31 October 2019)

Ndlovu and Others v S (CC90/2017) [2019] ZAECPEHC 72 (31 October 2019)

The court found that the applicants had not established exceptional circumstances justifying bail pending appeal. The seriousness and heinous nature of the offences, combined with the lengthy sentences imposed, created a substantial risk of flight, particularly given the applicants' ties to Zimbabwe. The court held that personal hardship and being sole breadwinners do not amount to exceptional circumstances. The prospects of success on appeal were not deemed sufficiently strong, as the admissibility of evidence was not the only issue and other incriminating evidence existed. Accordingly, the application for bail was dismissed.

Citation
[2019] ZAECPEHC 72
Parties
Applicant: Jabulani Ndlovu; Applicant: Forget Ndlovu; Applicant: Sibusiso Ndlovu; Respondent: The State
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
31 October 2019
Case Number
CC90/2017
Procedural Posture
Bail Application / Post Conviction, Pending Appeal
Outcome
Application for bail pending appeal dismissed for all three applicants.
Judges
E Revelas
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Wildlife Crime, Admissibility of Evidence, Search and Seizure, Protected Species Legislation
Criminal Law Environmental Law Bail Pending Appeal Exceptional Circumstances Wildlife Crime Admissibility of Evidence Search and Seizure Protected Species Legislation

Case Brief

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Parties

Jabulani Ndlovu

Applicant

Forget Ndlovu

Applicant

Sibusiso Ndlovu

Applicant

The State

Respondent

Procedural Posture

Bail Application / Post Conviction, Pending Appeal

Legal Issues

  1. 1 Whether the applicants have established exceptional circumstances justifying bail pending appeal.
  2. 2 Whether the seriousness of the offences and risk of flight outweigh personal circumstances.
  3. 3 Whether the admissibility of evidence seized without a warrant affects prospects of success on appeal.

Ratio Decidendi

The court found that the applicants had not established exceptional circumstances justifying bail pending appeal. The seriousness and heinous nature of the offences, combined with the lengthy sentences imposed, created a substantial risk of flight, particularly given the applicants' ties to Zimbabwe. The court held that personal hardship and being sole breadwinners do not amount to exceptional circumstances. The prospects of success on appeal were not deemed sufficiently strong, as the admissibility of evidence was not the only issue and other incriminating evidence existed. Accordingly, the application for bail was dismissed.

Court Disposition

Application for bail pending appeal dismissed for all three applicants.

Orders

  • The application for bail is dismissed in respect of all three applicants.