Tshitetete v S (A32/2024) [2024] ZAGPJHC 400 (23 April 2024)

Tshitetete v S (A32/2024) [2024] ZAGPJHC 400 (23 April 2024)

The court found that although the charges do not fall under schedule five offences, the relevant provisions of the Criminal Procedure Act still apply. The appellant has demonstrated a pattern of violence towards his mother and brother, including a recent assault with an axe and threats to kill. The complainant, supported by a community petition, expressed fear for her safety and opposed bail. The appellant failed to testify and could not be cross-examined on critical issues. The court determined that the interests of justice do not permit the appellant's release, as he poses a danger to the complainant and the community, and there is no guarantee he would comply with bail conditions. The...

Citation
[2024] ZAGPJHC 400
Parties
Appellant: Goodwill Ntshendedzeni Tshitetete; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 April 2024
Case Number
A32/2024
Procedural Posture
Bail Appeal / Appeal Against Refusal of Bail by Magistrate at Kagiso
Outcome
The appeal against the refusal of bail is dismissed.
Judges
Dosio
Legal Topics
Bail Application, Assault With Intent to Do Grievous Bodily Harm, Domestic Violence, Interests of Justice, Protection Order
Criminal Law Bail Application Assault With Intent to Do Grievous Bodily Harm Domestic Violence Interests of Justice Protection Order

Case Brief

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Parties

Goodwill Ntshendedzeni Tshitetete

Appellant

The State

Respondent

Procedural Posture

Bail Appeal / Appeal Against Refusal of Bail by Magistrate at Kagiso

Legal Issues

  1. 1 Whether the appellant should be granted bail pending trial.
  2. 2 Whether the interests of justice permit the release of the appellant.
  3. 3 Whether the appellant poses a danger to the complainant and the community if released on bail.

Ratio Decidendi

The court found that although the charges do not fall under schedule five offences, the relevant provisions of the Criminal Procedure Act still apply. The appellant has demonstrated a pattern of violence towards his mother and brother, including a recent assault with an axe and threats to kill. The complainant, supported by a community petition, expressed fear for her safety and opposed bail. The appellant failed to testify and could not be cross-examined on critical issues. The court determined that the interests of justice do not permit the appellant's release, as he poses a danger to the complainant and the community, and there is no guarantee he would comply with bail conditions. The...

Court Disposition

The appeal against the refusal of bail is dismissed.

Orders

  • The appellant’s application for bail is dismissed.