Porritt v S (08389/2018) [2018] ZAGPJHC 68; 2018 (2) SACR 274 (GJ) (9 March 2018)

Porritt v S (08389/2018) [2018] ZAGPJHC 68; 2018 (2) SACR 274 (GJ) (9 March 2018)

The court held that bail matters, including the reinstatement of bail after cancellation, are governed by the Criminal Procedure Act and are criminal in substance. The granting of leave to appeal does not automatically suspend a bail cancellation order, and civil remedies for release pending appeal are inappropriate. The applicant must pursue bail through the criminal justice system, not the civil courts. The invocation of civil relief to secure release on bail would undermine the criminal justice system and set a dangerous precedent. The application was dismissed with costs, including those of senior counsel.

Citation
[2018] ZAGPJHC 68
Parties
Applicant: Patrick Gary Porritt; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 March 2018
Case Number
08389/2018
Procedural Posture
Urgent Application / Application for Suspension of Bail Cancellation Order Pending Appeal
Outcome
Application dismissed with costs, including costs of senior counsel for the respondent.
Judges
Wepener
Legal Topics
Bail Cancellation, Appeal Suspends Order, Criminal Procedure Act, Superior Courts Act, Civil Vs Criminal Remedies
Criminal Law Civil Procedure Bail Cancellation Appeal Suspends Order Criminal Procedure Act Superior Courts Act Civil Vs Criminal Remedies

Case Brief

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Parties

Patrick Gary Porritt

Applicant

The State

Respondent

Procedural Posture

Urgent Application / Application for Suspension of Bail Cancellation Order Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to civil relief for release pending appeal after bail cancellation in criminal proceedings.
  2. 2 Whether the granting of leave to appeal suspends the bail cancellation order in criminal matters.
  3. 3 Whether the Criminal Procedure Act governs all bail-related matters, excluding civil remedies.

Ratio Decidendi

The court held that bail matters, including the reinstatement of bail after cancellation, are governed by the Criminal Procedure Act and are criminal in substance. The granting of leave to appeal does not automatically suspend a bail cancellation order, and civil remedies for release pending appeal are inappropriate. The applicant must pursue bail through the criminal justice system, not the civil courts. The invocation of civil relief to secure release on bail would undermine the criminal justice system and set a dangerous precedent. The application was dismissed with costs, including those of senior counsel.

Court Disposition

Application dismissed with costs, including costs of senior counsel for the respondent.

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of the respondent, including the costs of senior counsel.