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Makibi v S (C&R: 332/2010) [2010] ZAECGHC 127 (17 December 2010)

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IN THE HIGH COURT OF SOUTH AFRICA


EASTERN CAPE DIVISION, GRAHAMSTOWN


C & R: 332/2010

Date Heard: 15/12/12

Date Delivered: 17/12/12


In the matter between:




MAKIBI MBULELO ….....................................................APPELLANT




Versus




THE STATE ….............................................................RESPONDENT


ORDER


SMITH J:



In the result the appeal succeeds and the magistrate’s decision is set aside.


There is substituted the following order:

[1] The accused shall be released on bail on payment of an amount of R400.00 on the following conditions:


1.1 That the accused attend court on the dates ordered by the court and shall remain in attendance until the case has been finalized unless otherwise ordered by the court;


2.2 The accused shall not influence or in any manner interfere with any of the state witnesses or the investigation of the charges against him;


2.3 That the accused desist from residing at no 275 Mavuya Township, Indwe and instead reside at the alternative address provided in his affidavit, namely Overtole Farm, Indwe;


    1. That the accused must inform the investigating officer in the event of him changing his residential address;


2.5 That the accused report to the charge office of the South African Police Services in Indwe between the hours of 6h00 am and 6h00 pm every Monday and Friday.






________________________

J. E SMITH

JUDGE OF THE HIGH COURT