Shabangu v S (A278/2021) [2021] ZAGPPHC 704 (22 October 2021)

Shabangu v S (A278/2021) [2021] ZAGPPHC 704 (22 October 2021)

The court found that the magistrate erred in refusing bail solely on the basis of a speculative risk to the appellant's girlfriend, who refused to lay charges and did not seek protection. The evidence did not establish a probability of harm to any person or the public. The appellant's previous convictions were dated and not sufficient to justify refusal of bail under Schedule 5. The purpose of bail is not punitive but to ensure attendance at trial and prevent interference with the administration of justice. The State failed to demonstrate that the interests of justice required continued detention. Accordingly, the appeal succeeded and bail was granted subject to conditions.

Citation
[2021] ZAGPPHC 704
Parties
Appellant: Madlozi Boy Shabangu; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 October 2021
Case Number
A278/2021
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal upheld; bail granted to the appellant subject to conditions.
Judges
C Van Veendaal
Legal Topics
Bail Application, Schedule 5 Offences, Interests of Justice, Previous Convictions, Domestic Violence, Magistrates Court Review
Criminal Law Civil Procedure Bail Application Schedule 5 Offences Interests of Justice Previous Convictions Domestic Violence Magistrates Court Review

Case Brief

Summary, issues, holding and outcome

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Parties

Madlozi Boy Shabangu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the appellant has discharged the onus under section 60(11)(b) of the Criminal Procedure Act to show that the interests of justice permit his release on bail.
  2. 2 Whether the magistrate erred in refusing bail based on the risk to the public or any particular person under section 60(4)(a).
  3. 3 Whether the appellant's previous convictions justify the refusal of bail under Schedule 5.

Ratio Decidendi

The court found that the magistrate erred in refusing bail solely on the basis of a speculative risk to the appellant's girlfriend, who refused to lay charges and did not seek protection. The evidence did not establish a probability of harm to any person or the public. The appellant's previous convictions were dated and not sufficient to justify refusal of bail under Schedule 5. The purpose of bail is not punitive but to ensure attendance at trial and prevent interference with the administration of justice. The State failed to demonstrate that the interests of justice required continued detention. Accordingly, the appeal succeeded and bail was granted subject to conditions.

Court Disposition

Appeal upheld; bail granted to the appellant subject to conditions.

Orders

  • The appellant is granted bail in the amount of R1000.
  • The appellant is to report daily between 6am and 6pm to the Devon police station.