Vele v S (A86/14) [2014] ZAGPPHC 451 (13 February 2014)

Vele v S (A86/14) [2014] ZAGPPHC 451 (13 February 2014)

The court found that appellants 1 and 2 failed to demonstrate exceptional circumstances justifying release on bail, as the State had a prima facie case against them for conspiracy to murder General Nkonyeni. The evidence against appellants 3 and 4 was weaker, with their alleged involvement limited to a sham firearm transaction and no direct evidence linking them to the conspiracy or murder of Major General Maswanganyi. The court was concerned by police conduct, including allegations of torture and improper inducements to become state witnesses, but found that only appellants 3 and 4 had shown exceptional circumstances warranting bail. The court emphasized the need for the National...

Citation
[2014] ZAGPPHC 451
Parties
Appellant: Ndaedzo Isaac Vele; Appellant: Nditsheni Daniel Nefolovhodwa; Appellant: Tshepo Leon Mosai; Appellant: Roger Gaorekwe Moseki; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 February 2014
Case Number
A86/14
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal by appellants 1 and 2 against refusal of bail dismissed; appeal by appellants 3 and 4 upheld and bail granted subject to conditions.
Judges
DM Thulare
Legal Topics
Bail Application, Exceptional Circumstances, Onus of Proof, Conspiracy to Commit Murder, Admissibility of Confessions
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Onus of Proof Conspiracy to Commit Murder Admissibility of Confessions

Case Brief

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Parties

Ndaedzo Isaac Vele

Appellant

Nditsheni Daniel Nefolovhodwa

Appellant

Tshepo Leon Mosai

Appellant

Roger Gaorekwe Moseki

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the appellants have adduced evidence of exceptional circumstances justifying release on bail under Schedule 6 offences.
  2. 2 Whether the State's case against each appellant is sufficiently strong to justify continued detention.
  3. 3 Whether statements made by the appellants are admissible and reliable for bail purposes.

Ratio Decidendi

The court found that appellants 1 and 2 failed to demonstrate exceptional circumstances justifying release on bail, as the State had a prima facie case against them for conspiracy to murder General Nkonyeni. The evidence against appellants 3 and 4 was weaker, with their alleged involvement limited to a sham firearm transaction and no direct evidence linking them to the conspiracy or murder of Major General Maswanganyi. The court was concerned by police conduct, including allegations of torture and improper inducements to become state witnesses, but found that only appellants 3 and 4 had shown exceptional circumstances warranting bail. The court emphasized the need for the National...

Court Disposition

Appeal by appellants 1 and 2 against refusal of bail dismissed; appeal by appellants 3 and 4 upheld and bail granted subject to conditions.

Orders

  • The appeal by appellant 1 and 2 against the order refusing them bail is dismissed.
  • The appeal by appellant 3 and 4 against the order refusing them bail is set aside and replaced with an order granting bail in the amount of R5000 to each.