S v Molale (SS29/2021) [2021] ZAGPJHC 72 (25 June 2021)

S v Molale (SS29/2021) [2021] ZAGPJHC 72 (25 June 2021)

The bail proceedings before the Regional Magistrate were grossly irregular and a nullity because bail was granted without the accused adducing the necessary evidence as required by section 60(11) of the Criminal Procedure Act. Both the State and defence agreed that the proceedings were irregular. The Regional Magistrate conceded the irregularity, admitting he was unaware of the multiple charges and the State's opposition to bail. The statutory requirements for bail in serious offences are peremptory, and failure to comply vitiates the proceedings. The interests of justice require that the irregular bail proceedings and order be set aside.

Citation
[2021] ZAGPJHC 72
Parties
Applicant: STATE; Respondent: Mpho Molale
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 June 2021
Case Number
SS29/2021
Procedural Posture
Review Application / Special Review of Bail Proceedings
Outcome
The bail proceedings and order against the accused before Regional Magistrate Le Roux are reviewed and set aside.
Judges
T P Mudau, M A Makume
Legal Topics
Bail Proceedings, Gross Irregularity, Superior Courts Act Review, Criminal Procedure Act Section 60, Mental Illness in Criminal Law
Criminal Law Civil Procedure Bail Proceedings Gross Irregularity Superior Courts Act Review Criminal Procedure Act Section 60 Mental Illness in Criminal Law

Case Brief

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Parties

STATE

Applicant

Mpho Molale

Respondent

Procedural Posture

Review Application / Special Review of Bail Proceedings

Legal Issues

  1. 1 Whether the bail proceedings before the Regional Magistrate were grossly irregular and a nullity.
  2. 2 Whether the requirements of section 60(11) of the Criminal Procedure Act were complied with.
  3. 3 Whether the accused was prejudiced by the irregular bail proceedings.

Ratio Decidendi

The bail proceedings before the Regional Magistrate were grossly irregular and a nullity because bail was granted without the accused adducing the necessary evidence as required by section 60(11) of the Criminal Procedure Act. Both the State and defence agreed that the proceedings were irregular. The Regional Magistrate conceded the irregularity, admitting he was unaware of the multiple charges and the State's opposition to bail. The statutory requirements for bail in serious offences are peremptory, and failure to comply vitiates the proceedings. The interests of justice require that the irregular bail proceedings and order be set aside.

Court Disposition

The bail proceedings and order against the accused before Regional Magistrate Le Roux are reviewed and set aside.

Orders

  • The bail proceedings and order against the accused which commenced before Regional Magistrate Le Roux on 5 October 2020 are hereby reviewed and set aside.