Mahlathi v S (CC72/2021)
Mahlathi v S (CC72/2021) [2024] ZAWCHC 156 (31 May 2024)
The court found that the applicant failed to discharge the onus of proving exceptional circumstances justifying release on bail under Schedule 6 of the Criminal Procedure Act. The applicant's personal circumstances, including lack of prior convictions and fixed residence, were not sufficient when viewed cumulatively with other factors such as the seriousness of the charges, alleged gang affiliation, suspicious elimination of witnesses in both current and previous matters, and the applicant's periods at large and arrest outside the jurisdiction. The court held that systemic delays in the comme…
Source excerpt
- Bail Application
- Exceptional Circumstances
- Schedule 6 Offence
- Murder
- Criminal Procedure Act
- Gang Affiliation