Sogidashe and Others v S (Reasons) (CA&R 97/2024) [2025] ZAECMHC 3 (28 January 2025)

Sogidashe and Others v S (Reasons) (CA&R 97/2024) [2025] ZAECMHC 3 (28 January 2025)

The court found that the appellants, charged with schedule 6 offences, bore the onus to establish exceptional circumstances justifying release on bail. The magistrate correctly recorded and considered the appellants' personal circumstances but found them to be commonplace and not exceptional. The State's evidence demonstrated that the appellants lacked fixed addresses and assets, were difficult to apprehend, and exhibited conduct consistent with a flight risk. The magistrate's reliance on relevant case law and assessment of the facts was not shown to be a misdirection. The appeal court held that there was no basis to interfere with the magistrate's exercise of discretion, as no...

Citation
[2025] ZAECMHC 3
Parties
Appellant: Inga Sogidashe; Appellant: Osborne Fumile Lolo; Appellant: Sipelele Ntshiyana; Respondent: The State
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
28 January 2025
Case Number
CA&R97/2024
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Under Section 65(1) of the Criminal Procedure Act
Outcome
The appeal is dismissed.
Judges
Mhambi
Legal Topics
Bail Application, Exceptional Circumstances, Schedule 6 Offences, Onus of Proof, Interests of Justice
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Schedule 6 Offences Onus of Proof Interests of Justice

Case Brief

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Parties

Inga Sogidashe

Appellant

Osborne Fumile Lolo

Appellant

Sipelele Ntshiyana

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Under Section 65(1) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the magistrate erred in refusing bail to the appellants charged with schedule 6 offences.
  2. 2 Whether the appellants established exceptional circumstances justifying release on bail.
  3. 3 Whether the magistrate misdirected herself in law or fact regarding the appellants' personal circumstances and risk of flight.

Ratio Decidendi

The court found that the appellants, charged with schedule 6 offences, bore the onus to establish exceptional circumstances justifying release on bail. The magistrate correctly recorded and considered the appellants' personal circumstances but found them to be commonplace and not exceptional. The State's evidence demonstrated that the appellants lacked fixed addresses and assets, were difficult to apprehend, and exhibited conduct consistent with a flight risk. The magistrate's reliance on relevant case law and assessment of the facts was not shown to be a misdirection. The appeal court held that there was no basis to interfere with the magistrate's exercise of discretion, as no...

Court Disposition

The appeal is dismissed.

Orders

  • The appeal against the refusal of bail is dismissed.