Tede and Another v S (CA&R 45/2021) [2021] ZAECBHC 40 (24 December 2021)

Tede and Another v S (CA&R 45/2021) [2021] ZAECBHC 40 (24 December 2021)

The court found that the magistrate correctly applied the principles governing bail in schedule 6 offences, requiring the appellants to demonstrate exceptional circumstances justifying release. The appellants failed to provide credible evidence supporting their claims, relying instead on unsupported assertions and failing to address the specific risks identified by the magistrate. The first appellant's threats to witnesses and his influential position increased the risk to the complainants, while the second appellant did not provide sufficient information to distinguish her case. The court held that the magistrate's decision was not wrong and that the interests of justice required...

Citation
[2021] ZAECBHC 40
Parties
Appellant: Apostile Lonwabo Tede; Appellant: Vuyolwethu Namba; Respondent: The State
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
24 December 2021
Case Number
CA&R 45/2021
Procedural Posture
Criminal Appeal / Bail Appeal
Outcome
Appeal dismissed; bail remains refused.
Judges
I.T. Stretch
Legal Topics
Bail Application, Exceptional Circumstances, Schedule 6 Offences, Rape, Trafficking in Persons
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Schedule 6 Offences Rape Trafficking in Persons

Case Brief

Summary, issues, holding and outcome

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Parties

Apostile Lonwabo Tede

Appellant

Vuyolwethu Namba

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Bail Appeal

Legal Issues

  1. 1 Whether the magistrate erred in refusing bail to the appellants charged with schedule 6 offences.
  2. 2 Whether the appellants discharged the onus of proving exceptional circumstances justifying release on bail.
  3. 3 Whether the magistrate correctly assessed the risk to witnesses and likelihood of appellants standing trial.

Ratio Decidendi

The court found that the magistrate correctly applied the principles governing bail in schedule 6 offences, requiring the appellants to demonstrate exceptional circumstances justifying release. The appellants failed to provide credible evidence supporting their claims, relying instead on unsupported assertions and failing to address the specific risks identified by the magistrate. The first appellant's threats to witnesses and his influential position increased the risk to the complainants, while the second appellant did not provide sufficient information to distinguish her case. The court held that the magistrate's decision was not wrong and that the interests of justice required...

Court Disposition

Appeal dismissed; bail remains refused.

Orders

  • The appeals of both appellants are dismissed.