Nel and Others v S (A508/2017) [2017] ZAGPJHC 296; 2018 (1) SACR 576 (GJ) (17 October 2017)

Nel and Others v S (A508/2017) [2017] ZAGPJHC 296; 2018 (1) SACR 576 (GJ) (17 October 2017)

The court found that the magistrate materially misdirected herself by failing to give a proper ruling on the applicable bail schedule and by pressuring the appellants' legal representatives to withdraw their objection. The magistrate's findings regarding the likelihood of witness intimidation, flight risk, and disturbance of public order were not supported by objective evidence. The court held that the interests of justice did not warrant continued detention and that suitable bail conditions could mitigate any risks. The appeal was upheld, the magistrate's decision set aside, and bail granted to the appellants subject to specified conditions.

Citation
[2017] ZAGPJHC 296
Parties
Appellant: Jacobus Stephanus Jobs Nel; Appellant: Dicky Junior Van Rooyen; Appellant: Joshua Liam Schultz; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 October 2017
Case Number
A508/2017
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal upheld; magistrate's refusal of bail set aside; bail granted to appellants subject to conditions.
Judges
Petersen
Legal Topics
Bail Application, Criminal Procedure Act, Onus of Proof, Public Interest, Schedule 5 Offences
Criminal Law Civil Procedure Bail Application Criminal Procedure Act Onus of Proof Public Interest Schedule 5 Offences

Case Brief

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Parties

Jacobus Stephanus Jobs Nel

Appellant

Dicky Junior Van Rooyen

Appellant

Joshua Liam Schultz

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the magistrate materially misdirected herself in refusing bail to the appellants.
  2. 2 Whether the magistrate correctly applied the provisions of Schedule 5 and section 60 of the Criminal Procedure Act.
  3. 3 Whether the interests of justice permit the release of the appellants on bail under the circumstances.

Ratio Decidendi

The court found that the magistrate materially misdirected herself by failing to give a proper ruling on the applicable bail schedule and by pressuring the appellants' legal representatives to withdraw their objection. The magistrate's findings regarding the likelihood of witness intimidation, flight risk, and disturbance of public order were not supported by objective evidence. The court held that the interests of justice did not warrant continued detention and that suitable bail conditions could mitigate any risks. The appeal was upheld, the magistrate's decision set aside, and bail granted to the appellants subject to specified conditions.

Court Disposition

Appeal upheld; magistrate's refusal of bail set aside; bail granted to appellants subject to conditions.

Orders

  • Each accused is granted bail in the sum of R5000 cash.
  • Upon payment, the accused shall be released from custody on condition of personal appearance at Tshwane North Magistrates Court at 08h30 on 18 October 2017 and thereafter as required until verdict or sentence.