S v Khomo and Others (R33/2023(B)) [2023] ZAFSHC 385; 2024 (1) SACR 73 (FB) (3 October 2023)

S v Khomo and Others (R33/2023(B)) [2023] ZAFSHC 385; 2024 (1) SACR 73 (FB) (3 October 2023)

The High Court found that section 304(4) of the Criminal Procedure Act was not applicable as no sentence had been imposed; the proceedings concerned bail, not conviction. The review was entertained under the court's inherent jurisdiction. The record showed that the accused made the required disclosures under section 60(11)B, and any failure to disclose by an accused is a matter for prosecution, not a procedural irregularity by the magistrate. The state was afforded an opportunity to address the court, and the magistrate exercised her discretion properly in granting bail. The allegations of gross irregularity were unfounded, and the proceedings were in accordance with justice. The matter...

Citation
[2023] ZAFSHC 385
Parties
Applicant: The State; Respondent: Caroline Khomo; Respondent: Mosiuwa Stephen Mokhele; Respondent: Tseko Makhata; Respondent: Teboho Ntholi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 October 2023
Case Number
R33/2023(B)
Procedural Posture
Special Review / High Court Review of Magistrate's Bail Proceedings
Outcome
The bail proceedings were found to be in accordance with justice; no irregularity was committed by the magistrate. The special review was dismissed.
Judges
Molitsoane, Matshaya
Legal Topics
Bail Application, Criminal Procedure Act, Judicial Discretion, Review Proceedings
Criminal Law Civil Procedure Bail Application Criminal Procedure Act Judicial Discretion Review Proceedings

Case Brief

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Parties

The State

Applicant

Caroline Khomo

Respondent

Mosiuwa Stephen Mokhele

Respondent

Tseko Makhata

Respondent

Teboho Ntholi

Respondent

Procedural Posture

Special Review / High Court Review of Magistrate's Bail Proceedings

Legal Issues

  1. 1 Whether the magistrate committed an irregularity in relation to section 60(11)B of the Criminal Procedure Act during the bail proceedings.
  2. 2 Whether the bail proceedings were in accordance with justice and properly subject to special review.
  3. 3 Whether the state was denied an opportunity to address the court regarding bail conditions and quantum.

Ratio Decidendi

The High Court found that section 304(4) of the Criminal Procedure Act was not applicable as no sentence had been imposed; the proceedings concerned bail, not conviction. The review was entertained under the court's inherent jurisdiction. The record showed that the accused made the required disclosures under section 60(11)B, and any failure to disclose by an accused is a matter for prosecution, not a procedural irregularity by the magistrate. The state was afforded an opportunity to address the court, and the magistrate exercised her discretion properly in granting bail. The allegations of gross irregularity were unfounded, and the proceedings were in accordance with justice. The matter...

Court Disposition

The bail proceedings were found to be in accordance with justice; no irregularity was committed by the magistrate. The special review was dismissed.

Orders

  • The bail proceedings were in accordance with justice.
  • The registrar of the court is ordered to forward a copy of this judgment to the Director of Public Prosecutions, Bloemfontein, and to the Acting Chief Magistrate, Bloemfontein Cluster for their attention.