S v Ndlazini (A301/12) [2012] ZAGPJHC 235 (8 November 2012)

45 Reportability
Criminal Procedure

Brief Summary

Bail — Extension of bail pending appeal — Appellant's bail extended pending petition to the Supreme Court of Appeal — Conditions imposed regarding notification of address and contact details — Appellant required to file petition within 21 days or surrender for sentence. The appellant sought an extension of bail pending a petition to the Supreme Court of Appeal following a conviction. The court granted the extension subject to specific conditions, including the requirement to notify any changes in address or contact details and to file the petition within a stipulated timeframe. The legal issue concerned the conditions under which bail may be extended pending an appeal and the obligations of the appellant in relation to compliance with these conditions. The court held that the appellant's bail was extended on the condition that he files the petition to appeal within 21 days and complies with the notification requirements regarding address and contact details, failing which he must surrender for the imposed sentence.

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[2012] ZAGPJHC 235
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S v Ndlazini (A301/12) [2012] ZAGPJHC 235 (8 November 2012)

IN THE SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE NO: A301/12
DATE: 2012-11-08
In the matter between
STATE
...............................................................
Plaintiff
and
THUTHUKANI NDLAZINI
................................
Defendant
JUDGMENT BAIL PENDING PETITION TO SCA
WILLIS J:
[1] There is an order in terms of the draft marked ‘X”.
For the sake of completeness, I read this order into the record.
It
is ordered:
That the appellant’s bail pending petition to the Supreme
Court of Appeal in an amount of R20 000-00 is extended.
The appellant must further comply with the following conditions:-
That the appellant’s address for service of process is BDK
Attorneys, 84 Market Street Johannesburg and 6 North Street

Dannhauser, Kwazulu/Natal.
Should the appellants address be changed he must, within 24 hours,
notify the Registrar of the South Gauteng High Court and
the Clerk
of the Court, Johannesburg in writing per registered mail of any
alternative address. The onus to satisfy himself
that the
Registrar of the South Gauteng High Court and the Clerk of the
Court Johannesburg has received such notification of
change of
address shall be on the appellant.
Should the telephone numbers of the appellant (which he furnished
to the Clerk of the Court Johannesburg) change, the appellant

must, with immediate effect, furnish the said Clerk of the Court
and the Registrar of the South Gauteng High Court with his
new
contact numbers.
The appellant’s bail is extended on condition that he files
the petition to appeal within 21 days to the Registrar of
the
Supreme Court of Appeal (the said 21 days will expire on 6 December
2012).
Should the appellant fail to file a petition to the Supreme Court
of Appeal by 6 December 2012, the appellant shall surrender
himself
to the Clerk of the Court Johannesburg, (Room G72), at the
Johannesburg Magistrate’s Court not later than 10h00
on 7
December 2012 for the imposed sentence to be served.
Should the appellant’s petition to the Supreme Court of
Appeal be unsuccessful, the appellant shall surrender himself

within 48 hours to the Clerk of the Court, Johannesburg, (Room
G72), at the Johannesburg Magistrate’s Court for the imposed

sentence to be served.
That the appellant remains at the residential address 6 North
Street, Dannhauser Kwazulu/Natal pending the finalisation of
the
petition pending appeal.
For the sake of completeness, I record that it is so ordered.
BASHALL J: I agree.
[2] WILLIS J: Obviously, you must move, as they say in Latin, quam
celerrime, (with all possible speed) to get the judgment that
we
delivered yesterday transcribed. I can give you the assurance that
if it is sent to me by email you will get it back within
24 hours.