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South Africa Order

South Gauteng High Court, Johannesburg

S v Ndlanzi (A301/12) [2012] ZAGPJHC 279 (8 December 2012)

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01

Holding and result

The court ordered that the appellant's bail be extended pending his petition to the Supreme Court of Appeal, subject to strict conditions regarding his address, notification of changes, and compliance with deadlines for filing the petition. The extension is conditional upon the appellant's adherence to these requirements, including surrendering himself to the authorities if the petition is not filed within the stipulated period or if the petition is unsuccessful. The court emphasized the necessity of these conditions to ensure the appellant's continued availability for the execution of sentence and the proper administration of justice.

Court disposition

Appellant's bail extended pending petition to Supreme Court of Appeal, subject to specified conditions.

Orders

  • The appellant’s bail in the amount of R20,000.00 is extended pending his petition to the Supreme Court of Appeal.
  • The appellant must comply with the specified conditions regarding address and notification of changes.
  • The appellant must file the petition to appeal within 21 days to the Registrar of the Supreme Court of Appeal, expiring on 6 December 2012.
  • If the appellant fails to file the petition by 6 December 2012, he must surrender himself to the Clerk of the Court Johannesburg by 10:00 am on 7 December 2012 for the imposed sentence to be served.
  • If the appellant’s petition is unsuccessful, he must surrender himself within 48 hours to the Clerk of the Court Johannesburg for the imposed sentence to be served.
  • The appellant is to remain at the residential address 6 North Street, Dannhauser, KwaZulu Natal pending finalisation of the petition.

02

Material facts

Parties

Thuthukani Ndlanzi

Appellant

State

Respondent

Amounts and remedies

  • Bail Amount: ZAR 20,000

03

Procedural history

  1. Posture

    Criminal Appeal / Bail Extension Pending Petition to Supreme Court of Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant seeks an extension of bail pending the outcome of his petition to the Supreme Court of Appeal, offering to comply with all necessary conditions to ensure his availability for further proceedings.
Respondent
The State does not oppose the extension of bail provided that strict conditions are imposed to secure the appellant's attendance and compliance with the legal process.

05

Court’s reasoning

  1. 01

    Criminal Procedure Act 51 of 1977

    Bail may be extended pending appeal provided the appellant complies with specified conditions to ensure his availability for the execution of sentence if required.

  2. 02

    S v Ndlanzi (A301/12) [2012] ZAGPJHC 279

    The appellant must notify the court of any change of address or contact details to maintain effective communication and ensure compliance with bail conditions.

06

Ratio, limits and disposition

Ratio decidendi

The court ordered that the appellant's bail be extended pending his petition to the Supreme Court of Appeal, subject to strict conditions regarding his address, notification of changes, and compliance with deadlines for filing the petition. The extension is conditional upon the appellant's adherence to these requirements, including surrendering himself to the authorities if the petition is not filed within the stipulated period or if the petition is unsuccessful. The court emphasized the necessity of these conditions to ensure the appellant's continued availability for the execution of sentence and the proper administration of justice.

Obiter and limits

  • The onus is on the appellant to ensure that the Registrar and Clerk of the Court are notified of any change of address.
  • Failure to comply with the bail conditions will result in the appellant having to surrender himself for the imposed sentence to be served.

Court disposition

Appellant's bail extended pending petition to Supreme Court of Appeal, subject to specified conditions.

  • The appellant’s bail in the amount of R20,000.00 is extended pending his petition to the Supreme Court of Appeal.
  • The appellant must comply with the specified conditions regarding address and notification of changes.
  • The appellant must file the petition to appeal within 21 days to the Registrar of the Supreme Court of Appeal, expiring on 6 December 2012.
  • If the appellant fails to file the petition by 6 December 2012, he must surrender himself to the Clerk of the Court Johannesburg by 10:00 am on 7 December 2012 for the imposed sentence to be served.
  • If the appellant’s petition is unsuccessful, he must surrender himself within 48 hours to the Clerk of the Court Johannesburg for the imposed sentence to be served.
  • The appellant is to remain at the residential address 6 North Street, Dannhauser, KwaZulu Natal pending finalisation of the petition.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

South Gauteng High Court, Johannesburg

Order

[2012] ZAGPJHC 279

IN THE SOUTH GAUTENG HIGH

COURT

JOHANNESBURG

CASE NO: A301/12

DATE: 08/12/2012

In the matter between

THUTHUKANI

NDLANZI

APPELLANT and

STATE

RESPONDENT

J U D G M E N T

WILLIS J:

[1] For the sake of completeness I read the order into the record. It is ordered that:

The appellant’s bail in an amount of R20 000.00 is extended pending his petition the Supreme Court of Appeal.

The appellant must further comply with the following conditions:

2.1. The appellant’s address for service of process is BDK Attorneys, 84 Market Street, Johannesburg and 6 North Street, Dannhauser KwaZulu Natal.

2.2. Should the appellant’s address change he must, within 24 hours, notify the Registrar of the South Gauteng High Court and the Clerk of the Court Johannesburg in writing per registered mail of any alternative address. The onus shall be on the appellant to satisfy himself that the Registrar of the South Gauteng High Court and the Clerk of the Court Johannesburg has received such notification of the change of address.

2.3. Should the telephone numbers which the appellant furnished to the Clerk of the Court Johannesburg change, the appellant must, with immediate effect, furnish the said Clerk of the Court and the Registrar of the South Gauteng High Court with his new contact numbers.

2.4. The appellant’s bail is extended on condition that he files the petition to appeal within 21 days to the Registrar of the Supreme Court of Appeal. (The said 21 days will expire on 6 December 2012).

2.5. Should the appellant fail to file a petition to the Supreme Court of Appeal by 6 December 2012, the appellant shall surrender himself to the Clerk of the Court Johannesburg, room G72 at the Johannesburg Magistrate’s Court not later than 10:00 am on 7 December 2012 for the imposed sentence to be served.

2.6. Should the appellant’s petition to the Supreme Court of Appeal be unsuccessful the appellant shall surrender himself within 48 hours to the Clerk of the Court Johannesburg Room G72 at the Johannesburg Magistrate’s Court for the imposed sentenced to be served.

2.7. The appellant is to remain at the residential address 6 North Street, Dannhauser, KwaZulu Natal pending the finalisation of the petition pending appeal.

TRANSCRIBER'S

CERTIFICATE

I, the undersigned, hereby certify that, in as far as it is audible, the aforegoing is a true and correct transcription of the proceedings recorded by means of a digital recorder in the matter of:

DDLANZI THUTHUKANI

versus

THE STATE

DATE HELD: 08/12/2012

TRANSCRIBER: Mrs CPJ Marks

DATE COMPLETED: 06/01/2013

NO OF CDs: 1

NO OF PAGES: 4

The following problems were experienced with the above matter:

1. Names not spelt for the record are transcribed phonetically.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

S v Ndlanzi (A301/12) [2012] ZAGPJHC 279

Case cited

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

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