REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: S$84/2022
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( 1 J REPORT ABLE: NO
(2) OF INTERST TO OTHER JUDGES: NO
(3) REVISED: NO
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DATE
In the matter between:
MICHAEL MASHUDU TSHIFHANGO
MZWANDILE HLOPE
LUCAS JOHANNES VAN DER NEST
and
THE STATE
First Applicant
Second Applicant
Third Applicant
JUDGMENT FOR RELEASE ON BAIL PENDING SENTENCING
MBONGWE , J:
1
2
INTRODUCT ION
[1] When release on bail is sought pending sentencing by an Accused after a
conviction on a schedule 6 offence, the test is whether the Accused has
demonstrated exceptional circumstances justifying the granting of bail.
[2] All three applicants were on bail until their conviction on serious offences. It is
a concern to this Court that:
1. Not only do the applicants for bail show an oblivion as to the seriousness
I gravity of the offenGes with which they have been convicted, but also
' unfathomably express an egregious underestimation of societal
perception of the judicial system when the release on bail to be granted
on frivolous grounds.
2. All three applicants before this Court have shown no more than personal
and familial interest as premises for seeking release on bail pending
sentencing. These by no stretch of imagination meet the legal threshold
for granting bail in the face and gravity of the offences they have been
convicted of.
3. The law is binding on the Court and obliges it not to willy nilly in
circumstances where the set statutory regulations have not been met.
4. In consequence of- these conclusions, all three (3) applicants'
applications for release on bail pending sentencing stand to be
dismissed.
MPN BONGWE
JUDGE OF THE HIGH COURT
3
GAUTENG DIVISION, PRETORIA
APPEARENCES
For the State: Adv R. Williams
Instructed by: The State
For First & Second Applicants: Adv Ngwana
For the Second Applicant: Adv Bouwer
Date of Hearing: 26 May 2026
Date of Judgement: 26 May 2026
THIS JUDGEMENT WAS ELECTRONICALLY TRANSMITTED TO THE PARTIES'
LEGAL REPRESENTATIVES AND UPLOADED ONTO CASELINE ON 26 MAY 2026
2026.