Sello v S (1173/2023; Court a quo RC 34/2022 (Welkom)) [2023] ZAFSHC 105; 2023 (2) SACR 399 (FB) (10 March 2023)

Sello v S (1173/2023; Court a quo RC 34/2022 (Welkom)) [2023] ZAFSHC 105; 2023 (2) SACR 399 (FB) (10 March 2023)

The High Court has jurisdiction to hear bail applications for convicted and sentenced persons pending appeal once leave to appeal has been granted. Section 60 of the Criminal Procedure Act does not apply to convicted persons; instead, the court's power derives from section 309(3) read with section 304(2)(c)(vi), as well as common law. The applicant demonstrated that he is not a flight risk, has substantial ties to the community, and accepted stringent bail conditions. The interests of justice are served by granting bail under these circumstances, especially given the delay before the appeal will be heard and the absence of opposition from the State. Refusing jurisdiction would result in...

Citation
[2023] ZAFSHC 105
Parties
Applicant: Sello Lucas Sello; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 March 2023
Case Number
1173/2023
Procedural Posture
Urgent Application / Bail Pending Appeal After Conviction and Sentence; Leave to Appeal Granted by High Court; Bail Application Heard Urgently.
Outcome
Bail granted to the applicant pending appeal, subject to specified conditions.
Judges
JP Daffue
Legal Topics
Bail Pending Appeal, Jurisdiction of High Court, Criminal Procedure Act, Convicted Persons Bail, Leave to Appeal
Criminal Law Civil Procedure Bail Pending Appeal Jurisdiction of High Court Criminal Procedure Act Convicted Persons Bail Leave to Appeal

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Parties

Sello Lucas Sello

Applicant

The State

Respondent

Procedural Posture

Urgent Application / Bail Pending Appeal After Conviction and Sentence; Leave to Appeal Granted by High Court; Bail Application Heard Urgently.

Legal Issues

  1. 1 Does the High Court have jurisdiction to hear a bail application for a convicted and sentenced person pending appeal after leave to appeal has been granted?
  2. 2 Is section 60 of the Criminal Procedure Act applicable to bail applications by convicted persons pending appeal?
  3. 3 What statutory or common law powers entitle the High Court to grant bail in these circumstances?

Ratio Decidendi

The High Court has jurisdiction to hear bail applications for convicted and sentenced persons pending appeal once leave to appeal has been granted. Section 60 of the Criminal Procedure Act does not apply to convicted persons; instead, the court's power derives from section 309(3) read with section 304(2)(c)(vi), as well as common law. The applicant demonstrated that he is not a flight risk, has substantial ties to the community, and accepted stringent bail conditions. The interests of justice are served by granting bail under these circumstances, especially given the delay before the appeal will be heard and the absence of opposition from the State. Refusing jurisdiction would result in...

Court Disposition

Bail granted to the applicant pending appeal, subject to specified conditions.

Orders

  • Bail in the amount of R10,000.00 is granted to the applicant pending his appeal to this court against conviction and sentence.
  • The applicant shall not visit the district of Welkom, including Thabong township, pending finalisation of the appeal.