Tshivenga v S - Appeal (2248/2023) [2023] ZAFSHC 327 (17 August 2023)

Tshivenga v S - Appeal (2248/2023) [2023] ZAFSHC 327 (17 August 2023)

The court found that the applicant failed to present new facts amounting to exceptional circumstances. The alleged weakness of the state's case was undermined by the trial judge's refusal to discharge the applicant, indicating that there is a case to answer. The withdrawal of the Pretoria Moot case does not constitute a new fact, as the state intends to revisit and possibly reinstate charges. Consequently, there is no reasonable prospect that another court would reach a different conclusion regarding bail. The application for leave to appeal is dismissed.

Citation
[2023] ZAFSHC 327
Parties
Applicant: Mpandeli Clive Tshivenga; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 August 2023
Case Number
2248/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Urgent Bail Application on New Facts
Outcome
Application for leave to appeal dismissed.
Judges
P. J. Loubser
Legal Topics
Bail Application, Exceptional Circumstances, New Facts, Criminal Procedure Act Section 60
Criminal Law Civil Procedure Bail Application Exceptional Circumstances New Facts Criminal Procedure Act Section 60

Case Brief

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Parties

Mpandeli Clive Tshivenga

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Urgent Bail Application on New Facts

Legal Issues

  1. 1 Whether the applicant has presented new facts that constitute exceptional circumstances justifying release on bail.
  2. 2 Whether there is a reasonable prospect that another court would reach a different conclusion regarding bail on new facts.

Ratio Decidendi

The court found that the applicant failed to present new facts amounting to exceptional circumstances. The alleged weakness of the state's case was undermined by the trial judge's refusal to discharge the applicant, indicating that there is a case to answer. The withdrawal of the Pretoria Moot case does not constitute a new fact, as the state intends to revisit and possibly reinstate charges. Consequently, there is no reasonable prospect that another court would reach a different conclusion regarding bail. The application for leave to appeal is dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.