[2] I heard submissions considered the judgment a quo and find no reason to
interfere with the judgment of the court a quo. The Magistrate was not
misdirected and not wrong. The appeal is dismissed.
[3] The appeal is refused for the following reasons:
[4] The court a quo was not incorrect when it focused on a material non-disclosure,
having regard to the charges against the appellant. Counsel for the appellant
argued that the court failed to balance the failure to disclose the service of a
protection order against the several factors set out in s65(4) of the CPA.
[5] The existence of the protection order was only revealed to the court upon the
court’s explaining the consequences of the failure to disclose. I noted counsel
for the states submissions that the criminal justice system ought not to be
“teaching” persons how to behave toward other humans. The fact that an order
of this nature was justified and therefor granted, must inform the court in a bail
application on the seriousness of the offence and its impact on a member of
society. I see no reason to disagree with the court a quo and agree with the
submissions on character and respect of humanity, by counsel for the state.
[6] Whilst the appellant does enjoy a right to freedom of movement, others in
society enjoy a right to safety and security. Counsel for the state contended
that the trial was delayed at the instance of the appellant.
[7] Section 60 (5) provides that the court on hearing an application for bail must
consider the prevalence of the crime. The existence of a protection order may
have assisted the court a quo on this aspect of prevalence , the probabilities
and the degree of the complainant’s fears.
[8] Counsel for the appellant argued that the protection order was only served on
his client whilst he was incarcerated and before the bail hearing, a week after
Date of hearing: 22 December 2025
Date of Judgment: 23 December 2025
Appearance:
For the Applicant : Adv H Manganyi instructed by
Chauke S Attorneys
Email:
solani@chaukeattorneys.co.za
For the Respondent: State Attorney
Ms RL Kgaditsi
Email: RKgaditsi@npa.gov.za