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2015
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[2015] ZAGPJHC 310
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Sigasa v S (A400/15) [2015] ZAGPJHC 310 (11 December 2015)
THE HIGH COURT OF SOUTH
AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE NUMBER: A400/15
DATE OF HEARING: 10
DECEMBER 2015
DATE OF JUDGMENT: 11
DECEMBER 2015
In the matter between:
SIGASA
MZIWAMADODA
....................................................................................................
Appellant
And
THE
STATE
............................................................................................................................
Respondent
J U D G M E N T
AVVAKOUMIDES, AJ
[1] This is an appeal against the
decision of the Roodepoort Magistrates Court not to release the
Appellant on bail pending trial.
The Appellant is charged with one
count of robbery with aggravating circumstances read with
section 51
(2) of the
Criminal Law Amendment Act 105 of 1997
.
[2] It is settled law that the
Appellant has to show exceptional circumstances in order to be
released on bail and that it is in
the interests of justice that the
Appellant be released on bail, in respect of the first count. See:
section 60
(11) (a) of Act 51 of 1977 and S v De Kock
1995 (1) SACR
299
(T). It is equally so that a court sitting on appeal shall not
set aside the decision against which the appeal is brought unless
the
court of appeal is satisfied that the decision was wrong.
[3] I have had careful regard to the
judgment of the magistrate. The magistrate found that there is no
evidence against the Appellant
(as accused number 3)
The Appellant has been charged with
some 18 others for robbery and it would appear that a syndication
that is involved in theft
and robbery has been uncovered by the South
African Police Services. However, there is no link to the Appellant.
The Appellant
has a previous conviction for robbery with aggravating
circumstances in respect of which he was sentenced to 15 years’
imprisonment
by the Randfontein Court in 2000. He was released and
served his parole period in full. All the other accused have been
released
on bail but the Appellant did not bring a bail application
with the others at the time.
[4] The magistrate also noted that no
identification parade has been held and this, together with the
finding that no evidence exists
against the Appellant, as per the
record, is sufficient in my view to release Appellant on bail, with
certain conditions.
[5] Moreover, the State conceded that
the case against the Appellant is weak and that bail should be
granted. Accordingly, I find
that it is in the interests of justice
to release the Appellant on bail as follows:
[5.1] Bail is set at R10000.00 (ten
thousand rand).
[5.2] The Appellant is not to contact,
or interfere with any of the state witnesses, directly or indirectly.
[5.3] The Appellant shall report to the
Investigating Officer, Sgt Lukhele on Mondays and Fridays between
06h00 and 19h00 at the
Kagiso Police Station.
[5.4] The Appellant shall not leave the
Province of Gauteng without the permission of the Investigating
Officer.
G. T. AVVAKOUMIDES
ACTING JUDGE OF THE HIGH COURT
GAUTENG LOCAL DIVISION, JOHANNESBURG
Representation for Appellant:
Counsel: Attorney M. V. Matsepe
Representation for the Respondent:
Counsel: L. Makoko
Instructed by:Director of Public
Prosecutions