S v Bobani
| Jurisdiction | South Africa |
S v Bobani
1990 (2) SACR 187 (TK)
1990 (2) SACR p187
|
Citation |
1990 (2) SACR 187 (TK) |
|
Court |
Transkei General Division |
|
Judge |
Davies J |
|
Heard |
March 14, 1990 |
|
Judgment |
March 14, 1990 |
Flynote : Sleutelwoorde
B Bail — Failure of accused on bail to appear at trial — Not an offence — Only sanction is cancellation of bail and forfeiture of bail money — Criminal Procedure Act 13 of 1983 (Tk), ss 43, 67 and 175.
Headnote : Kopnota
Having regard to the provisions of ss 43, 67 and 175 of the Criminal Procedure Act 13 of 1983 (Tk), an accused on bail who fails to appear at C his trial or any adjournment thereof does not commit an offence, and the only sanction against such conduct is the cancellation of bail and the forfeiture of the bail money.
S v Sibuya 1979 (3) SA 192 (T) applied. D
Case Information
Review.
Judgment
Davies J:
The accused was charged in the magistrate's court, Engcobo, with theft. He was first brought to court on 1 March 1988, when bail was granted, such bail being set at R50 cash. Accused was thereafter released on bail.
The trial commenced on 19 May 1988. The State called two witnesses and E closed its case and the accused then testified in his defence. The trial was then adjourned to 23 May 'for defence witnesses'. On that day there was a further remand to 26 May, when, according to the record, it was further remanded to 13 June and a warrant of arrest was issued, presumably because the accused failed to appear.
On 13 June the proceedings commenced with the questioning by the court of the accused as to his reason for failing to appear in court on 26 F May. The only explanation he put forward was that he 'was attending a funeral'. After this questioning the magistrate, without further ado, found the accused 'guilty of failure to attend court' and sentenced him to one month's imprisonment. The record then indicates that the accused made a statement 'in mitigation', revealing his personal circumstances, and the matter was adjourned to 13 July, the accused being remanded in G custody.
What happened thereafter is far from clear. There is no reference in the record to any proceedings on 13 July, the next entry being simply, 'R.O.W. 3/8/88'. The date on which this occurred is not recorded. Then, on 3 August, the case was remanded in the absence of the accused to 18 August 'for J/O' (which I take to mean that the judicial officer was not available on 3 August). And on 18 August it was again remanded in the H absence of the accused to 22 September 'for W/A' (presumably for the execution of a warrant of arrest). On this latter date it was struck off the roll but apparently re-instated on 24 November when the proceedings commenced with the questioning of the accused as follows:
How did you come to be here in court?
I was brought under warrant.
I Why were you brought by the police?
I don't know.
Is there any case against you here?
Yes.
To what date was it remanded?
I don't recall the date.
J When did you last come to court?
1990 (2) SACR p188
Davies J
A It was some time ago.
Was your case finalised?
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