Shebeshxt bail application postponed

Lehlogonolo “Shebeshxt” Chauke’s bid for bail took another turn at the Polokwane high court on Wednesday, with proceedings postponed to allow the state to file additional arguments.

Chauke’s legal representative, Michael Khumalo, approached the high court to appeal a ruling delivered by Magistrate Godfrey Netshiozwi on April 30, in which the musician’s third bail application was dismissed.

The application was based on what the defence described as new facts, including the artist’s alleged urgent need for leg surgery. However, Netshiozwi ruled that the issues raised had already formed part of earlier bail proceedings and therefore could not be considered new evidence.


In his judgment, the magistrate said the medical concerns raised by the defence were not supported by records from the correctional facility where Chauke is being held.

“The evidence from one of the managers in the correctional service suggested that if the prisoner has a complaint, such a complaint is recorded in a register. Ever since the incarceration of the applicant in the correctional service, he has never made any request or complaint,” Netshiozwi said.\

Urgent medical operation

During Wednesday’s appeal proceedings, Khumalo argued that the need for an urgent medical operation should have been treated as a new fact by the court.

He further submitted that Netshiozwi should not have presided over the bail matter because he had previously signed the J50 warrant of arrest linked to the case.

Chauke is facing 20 charges, including three counts of attempted murder, robbery with aggravating circumstances, and assault with intent to cause grievous bodily harm (GBH), among other offences.

Judge Karin Pillay, who is presiding over the appeal, postponed the matter to June 12 to allow the state time to submit supplementary heads of argument to the defence.

The musician first appeared in the Polokwane Regional Court on May 15 and is expected back in court on Thursday, May 28.


 

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  • Lehlogonolo "Shebeshxt" Chauke’s third bail application was dismissed by Magistrate Godfrey Netshiozwi, who ruled the new medical concerns were not new evidence.
  • The defence argued for bail based on Chauke’s urgent need for leg surgery and contested the magistrate's involvement due to his signing of the arrest warrant.
  • Magistrate Netshiozwi noted no medical complaints were recorded at the correctional facility where Chauke is held.
  • The appeal hearing at the Polokwane High Court was postponed to June 12 to allow the state to file additional arguments.
  • Chauke faces 20 charges, including attempted murder, robbery, and assault, with his next court appearance scheduled for May 28.
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Lehlogonolo "Shebeshxt" Chauke’s bid for bail took another turn at the Polokwane high court on Wednesday, with proceedings postponed to allow the state to file additional arguments.

Chauke’s legal representative, Michael Khumalo, approached the high court to appeal a ruling delivered by Magistrate Godfrey Netshiozwi on April 30, in which the musician’s third bail application was dismissed.

The application was based on what the defence described as new facts, including the artist’s alleged urgent need for leg surgery. However, Netshiozwi ruled that the issues raised had already formed part of earlier bail proceedings and therefore could not be considered new evidence.

In his judgment, the magistrate said the medical concerns raised by the defence were not supported by records from the correctional facility where Chauke is being held.

"The evidence from one of the managers in the correctional service suggested that if the prisoner has a complaint, such a complaint is recorded in a register. Ever since the incarceration of the applicant in the correctional service, he has never made any request or complaint," Netshiozwi said.

During Wednesday's appeal proceedings, Khumalo argued that the need for an urgent medical operation should have been treated as a new fact by the court.

He further submitted that Netshiozwi should not have presided over the bail matter because he had previously signed the J50 warrant of arrest linked to the case.

Chauke is facing 20 charges, including three counts of attempted murder, robbery with aggravating circumstances, and assault with intent to cause grievous bodily harm (GBH), among other offences.

Judge Karin Pillay, who is presiding over the appeal, postponed the matter to June 12 to allow the state time to submit supplementary heads of argument to the defence.

The musician first appeared in the Polokwane Regional Court on May 15 and is expected back in court on Thursday, May 28.

 

Visit SW YouTube Channel for our video content

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