Prominent Limpopo lekompo musician Lehlohonolo “Shebe Maburna” Chauke, who has been behind bars since November 2025 and is facing 21 criminal charges, including attempted murder and assault, has urged the Polokwane High Court to overturn the refusal of his second bail application, arguing that fresh evidence and exceptional circumstances now justify his release.
The high court this week heard Chauke’s appeal against a magistrate’s refusal to grant him bail, which his legal team contends is based on “new facts”.
Appearing for Chauke, Adv Laurence Hodes SC argued that the lower court failed to consider several developments properly that arose after the first bail application, including the musician’s deteriorating health, the birth of his child while he was in custody, the completion of the police investigation and what he described as procedural irregularities during the bail proceedings.
Musician needs medical attention
Central to the appeal was Chauke’s claim that the Department of Correctional Services has failed to provide him with urgent medical treatment despite repeated requests.
Hodes told the court that Chauke suffered serious injuries in a motor vehicle accident before his arrest and requires further surgery after screws inserted during a previous operation allegedly became loose.
“The failure to provide medical attention is an absolutely new fact,” Hodes submitted.
He argued that while Chauke’s injuries were known during the first bail application, the real issue before the court was the state’s alleged failure to ensure he received the treatment he required.
“The new fact was the failure by the Department of Correctional Services to assist him by securing the medical and psychological attention that he was in so desperate need of. That’s the complaint,” Hodes told the court.
According to the defence, medical reports, X-rays and photographs before the court show Chauke remains in severe pain and has still not undergone the recommended operation.
Hodes argued that the department had a statutory obligation to ensure Chauke received appropriate healthcare while in custody.
“He hasn’t had the operation. The authorities had never arranged it. It’s a new fact, not the fact that there was a collision and an injury, but the failure of Correctional Services to honour their statutory obligation and ensure that he received medical attention.
Shebe has not seen his child
The defence also relied on the fact that Chauke’s child was born on December 1 while he was in custody.
Although the pregnancy was known during the earlier bail proceedings, Hodes argued that the child’s birth fundamentally altered Chauke’s circumstances.
“There are lots of unknowns when a woman is expecting… but once she has a child, there’s another mouth to feed. There is an emotional bond and the need to see one’s child. This appellant has not seen his child since the child was born.”
Hodes also pointed to financial hardship, including threats of eviction and letters of demand received after Chauke’s first bail application was dismissed.
He further submitted that the police investigation has now been completed, eliminating concerns that Chauke could interfere with witnesses or the investigation.
“There’s no possibility of any interference because it’s now a fact that it’s been completed and they have all the evidence they wish to use against him.”
Magistrate’s potential conflict
Another issue raised by the defence concerned the magistrate who presided over Chauke’s second bail application.
Hodes argued that it only later emerged that the same magistrate had authorised Chauke’s arrest under Section 43 of the Criminal Procedure Act before later hearing his bail application.
While acknowledging there is no reported authority expressly prohibiting such a sequence, he argued that the magistrate ought to have disclosed his earlier involvement and considered recusing himself.
Hodes submitted that the magistrate’s own judgment demonstrated that he had taken the issue personally after describing the defence’s conduct as “arrogant” and saying he had been “thrown under the bus”.
‘Shebe has always respected the courts’
The defence also relied heavily on Chauke’s history of complying with bail conditions.
Hodes told the court that despite previously facing Schedule 5 and Schedule 6 charges, Chauke had always honoured every bail condition imposed on him.
“Historically, this appellant has always complied with his bail conditions. He’s always respected the court. There isn’t one instance where the state can say he never appeared, or he gave us a runaround, or he didn’t present himself.”
He argued that the consolidation of the criminal cases into 21 charges could not be viewed only as evidence of alleged criminal propensity.
“It’s a knife that cuts both ways. On the one hand it might tend to show a propensity to commit offences. But on the other hand, it shows that in every instance in which the appellant was arrested and had to face bail conditions, he complied.”
During proceedings, the court sought an update on the criminal case.
The state confirmed that the matter has been transferred to the Polokwane Regional Court and is trial-ready but has been postponed until September 10 to allow Chauke to make representations to the director of public prosecutions.
Hodes informed the court that an application had since been made in the regional court requesting that Chauke’s warrant of detention be endorsed to allow him to receive medical and psychiatric treatment.
According to Hodes, that request was refused.
Responding to questions from the bench, he confirmed that Chauke still had not received either the medical operation or the psychological treatment relied upon in the appeal.
The court also heard that Chauke’s family and friends are prepared to raise R100 000 should bail be granted.
Musician will comply with bail conditions
Hodes said the musician would comply with any bail conditions imposed by the court, including house arrest, strict reporting conditions or electronic monitoring.
The state opposed the appeal and maintained that Chauke should remain in custody. After hearing argument from both sides, the High Court reserved judgment. The ruling on Chauke’s latest bid for freedom is expected to be delivered on August 5.
- Limpopo musician Lehlohonolo "Shebe Maburna" Chauke, detained since November 2025 on 21 charges including attempted murder, appealed to Polokwane High Court for bail citing new evidence and exceptional circumstances.
- Chauke’s lawyer highlighted his worsening health from untreated injuries sustained before arrest and criticized the Department of Correctional Services for failing to provide necessary medical care.
- The birth of Chauke’s child in custody, completed police investigations, financial hardship, and allegations of magistrate bias were cited as additional grounds for bail reconsideration.
- Chauke has a history of complying with bail conditions and the defense assured the court he would adhere to any imposed restrictions if released.
- The state opposed bail, and the High Court reserved judgment with a decision expected on August 5.
