Shongwe And Another v The King (19 of 2020) [2021] SZSC 1 (13 January 2021)

Case summary

Criminal procedure - Appeal - Bail - Considerations - Appellants charged with theft under false pretences - High Court refused applications for bail on the ground of likelihood of interference with prosecution witness - important Crown witness an immigration official based in South Africa - technically justifiable factors for refusing bail which relate to difficulty of effectively policing bail conditions existing but such insufficient standing alone when measured against holistic requirement that Court is to exercise its discretion judiciously having regard to legislative provisions applicable, the peculiar circumstances of the case as well as the Bill of Rights enshrined in the Constitution - matters to be decided by weighing the interests of justice against the right of an accused person to his or her personal freedom and in particular the prejudice the accused person is likely to suffer if he or she were to be detained in custody - as for trial, possible that witness may only testify in some years ' time - in the circumstances not contrary to interests of justice to release. Appellants on bail - any objection to release on bail can suitably be met by appropriate bail conditions - appeals allowed and bail accordingly granted 

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