Zondi v S (SS15/2017) [2020] ZAGPJHC 82; 2020 (2) SACR 436 (GJ) (8 April 2020)

Zondi v S (SS15/2017) [2020] ZAGPJHC 82; 2020 (2) SACR 436 (GJ) (8 April 2020)

The court held that the mere granting of leave to appeal by the Supreme Court of Appeal does not, on its own, constitute exceptional circumstances justifying bail pending appeal for Schedule 6 offences. The appellant must show, on a balance of probabilities, that his appeal would likely succeed and that exceptional circumstances exist in the interests of justice. The court found that the appellant failed to discharge this onus, as the evidence did not demonstrate that the conviction was so weak that it would likely be set aside. The seriousness of the offences, the sentence of life imprisonment, and the change in circumstances after conviction weighed against the granting of bail. The...

Citation
[2020] ZAGPJHC 82
Parties
Appellant: Maxwell Zwelithini Zondi; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 April 2020
Case Number
SS 15/2017
Procedural Posture
Criminal Appeal / Bail Appeal After Conviction and Sentence
Outcome
The appeal is dismissed.
Judges
Strydom, A. Maier-Frawley, NCJ Mncube
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Schedule 6 Offences, Balance of Probabilities, Prospects of Success on Appeal
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Schedule 6 Offences Balance of Probabilities Prospects of Success on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Maxwell Zwelithini Zondi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Bail Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the refusal of bail by the court a quo was wrong and should be set aside.
  2. 2 Whether the appellant established exceptional circumstances justifying bail pending appeal.
  3. 3 Whether the granting of leave to appeal by the Supreme Court of Appeal constitutes exceptional circumstances for bail.

Ratio Decidendi

The court held that the mere granting of leave to appeal by the Supreme Court of Appeal does not, on its own, constitute exceptional circumstances justifying bail pending appeal for Schedule 6 offences. The appellant must show, on a balance of probabilities, that his appeal would likely succeed and that exceptional circumstances exist in the interests of justice. The court found that the appellant failed to discharge this onus, as the evidence did not demonstrate that the conviction was so weak that it would likely be set aside. The seriousness of the offences, the sentence of life imprisonment, and the change in circumstances after conviction weighed against the granting of bail. The...

Court Disposition

The appeal is dismissed.

Orders

  • The appeal against the refusal of bail is dismissed.