S v Mabena (CC236/04) [2005] ZAGPHC 130 (23 September 2005)

S v Mabena (CC236/04) [2005] ZAGPHC 130 (23 September 2005)

The court found that the accused had been subjected to repeated postponements and delays in the proceedings, none of which were attributable to them. The judge held that the circumstances of the case, including the fact that the accused had already been convicted but not yet sentenced, constituted exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act. The judge relied on Constitutional Court authority that exceptional circumstances are inherently case-specific and cannot be rigidly defined. The court further noted that the principle of justice requires that accused persons should not suffer unnecessarily due to procedural delays. Accordingly, the judge ordered...

Citation
[2005] ZAGPHC 130
Parties
Applicant: The State; Respondent: Abraham Mabena; Respondent: Oupa Frans Bofu
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
23 September 2005
Case Number
CC236/04
Procedural Posture
Criminal Law Application / Post Conviction Bail Application
Outcome
Bail granted to both accused pending finalisation of their case, subject to specified conditions.
Judges
Poswa
Legal Topics
Post Conviction Bail, Exceptional Circumstances, Unreasonable Delay, Section 60 Bail, Constitutional Rights
Criminal Law Post Conviction Bail Exceptional Circumstances Unreasonable Delay Section 60 Bail Constitutional Rights

Case Brief

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Parties

The State

Applicant

Abraham Mabena

Respondent

Oupa Frans Bofu

Respondent

Procedural Posture

Criminal Law Application / Post Conviction Bail Application

Legal Issues

  1. 1 Whether the accused are entitled to bail pending finalisation of their case after conviction.
  2. 2 Whether exceptional circumstances exist justifying release on bail under section 60(11)(a) of the Criminal Procedure Act.
  3. 3 Whether delays in the proceedings not attributable to the accused warrant bail.

Ratio Decidendi

The court found that the accused had been subjected to repeated postponements and delays in the proceedings, none of which were attributable to them. The judge held that the circumstances of the case, including the fact that the accused had already been convicted but not yet sentenced, constituted exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act. The judge relied on Constitutional Court authority that exceptional circumstances are inherently case-specific and cannot be rigidly defined. The court further noted that the principle of justice requires that accused persons should not suffer unnecessarily due to procedural delays. Accordingly, the judge ordered...

Court Disposition

Bail granted to both accused pending finalisation of their case, subject to specified conditions.

Orders

  • Both Abraham Mabena and Oupa Frans Bofu are released on bail of R1,000.00 each.
  • Each accused must report to Tweefontein F Police Station every Friday.