S v Ndlazini (A301/12) [2012] ZAGPJHC 235 (8 November 2012)
The court found that the interests of justice warranted the extension of the appellant's bail pending the outcome of his petition to the Supreme Court of Appeal. The extension was granted subject to strict conditions, including the provision of a fixed address, notification of any change of address or contact...
Source-derived case information.
- Citation
- [2012] ZAGPJHC 235
- Parties
- Plaintiff: State; Defendant: Thuthukani Ndlazini
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- A301/12
- Procedural Posture
- Bail Application / Bail Pending Petition to Supreme Court of Appeal
- Outcome
- Appellant's bail extended pending petition to Supreme Court of Appeal, subject to specified conditions.
- Judges
- Willis, Bashall
- Legal Topics
- Bail Pending Appeal, Petition to Supreme Court of Appeal, Conditions of Bail
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Plaintiff
Thuthukani Ndlazini
Defendant
Procedural Posture
Bail Application / Bail Pending Petition to Supreme Court of Appeal
Legal Issues
- 1 Whether the appellant's bail should be extended pending the petition to the Supreme Court of Appeal.
- 2 What conditions should be imposed on the appellant's bail during the petition process.
Ratio Decidendi
The court found that the interests of justice warranted the extension of the appellant's bail pending the outcome of his petition to the Supreme Court of Appeal. The extension was granted subject to strict conditions, including the provision of a fixed address, notification of any change of address or contact details, and surrender requirements should the petition not be filed or be unsuccessful. The court emphasized the necessity for the appellant to comply with all conditions to ensure his availability for the execution of sentence if required.
Court Disposition
Appellant's bail extended pending petition to Supreme Court of Appeal, subject to specified conditions.
Orders
- The appellant's bail pending petition to the Supreme Court of Appeal in an amount of R20,000 is extended.
- The appellant must comply with the specified address and notification conditions.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE NO: A301/12
DATE: 2012-11-08
In the matter between
STATE...............................................................Plaintiff
and
THUTHUKANI NDLAZINI................................Defendant
JUDGMENT BAIL PENDING PETITION TO SCA
WILLIS J:
[1] There is an order in terms of the draft marked ‘X”. For the sake of completeness, I read this order into the record. It is ordered:
That the appellant’s bail pending petition to the Supreme Court of Appeal in an amount of R20 000-00 is extended.
The appellant must further comply with the following conditions:-
That the appellant’s address for service of process is BDK Attorneys, 84 Market Street Johannesburg and 6 North Street
Dannhauser, Kwazulu/Natal.
Should the appellants address be changed 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 to satisfy himself that the Registrar of the South Gauteng High Court and the Clerk of the Court Johannesburg has received such notification of change of address shall be on the appellant.
Should the telephone numbers of the appellant (which he 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.
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).
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 10h00 on 7 December 2012 for the imposed sentence to be served.
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
sentence to be served.
That the appellant remains at the residential address 6 North Street, Dannhauser Kwazulu/Natal pending the finalisation of the petition pending appeal.
For the sake of completeness, I record that it is so ordered.
BASHALL J: I agree.
[2] WILLIS J: Obviously, you must move, as they say in Latin, quam celerrime, (with all possible speed) to get the judgment that we delivered yesterday transcribed. I can give you the assurance that if it is sent to me by email you will get it back within 24 hours.