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According to the police spokesperson, Captain Lariane Jonker, the victim was attacked in her bedroom at her home in Bothaweg, Midros, at about Jonker said the woman was confronted by an unknown assailant in her bedroom, who then threatened her with a knife and tied her hands with a piece of rope. Middelburg detectives have arrested a year-old man, who was found shortly after, selling the phone to a foreign national. A case of house robbery is being investigated. The new court date is not yet known.
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Please enable JavaScript to view the comments powered by Disqus. Vote submission failed. Please try again later. I'm a 58 year old man looking to meet women between the ages of 44 and The idea is to capture all knowledge, categorize and place such knowledge ultimately in a hierarchy. Of course there is something unsatisfactory about an encyclopaedia — it never remains up to date for long, knowledge advances, research pushes boundaries, the unexpected happens.
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Disclaimer: Any views expressed by individuals and organisations are their own and do not in any way represent the views of The Heritage Portal. No proof of the averment is provided whatsoever. Both versions cannot be correct. It appears that Mr C is not truthful in this regard. During the argument his counsel, Adv Van Den Heever, stated that since the lockdown the income of the taxi-business dropped to nil. I cannot accept the explanation, as the taxi industry was amongst the only businesses that was allowed to render services during that period.
According to him his urgent intervention in this business is needed to keep the vehicles, run the business to generate an income, without which his family will be unable to financially survive and also to keep the drivers employed. It is clear that the Applicant elected to desert his business interest and family ties instead adhering to his previous bail conditions and then evaded arrest. His financial circumstances does not constitute exceptional circumstances for the purpose of considering whether he acquitted the onus resting on him to be released on bail.
His wife was obviously not in a close relationship with him if he had to get such message from third persons, and not from his wife herself.
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Nor that it was a source of income for the family. He was already arrested in Bloemfontein on 26 July As will be discussed later herein, and even if I am wrong in finding that it does not constitute exceptional circumstances, the gravity of the charges levelled against Mr C, and the fact that he, faced with an opportunity to take this Court into his confidence still failed to do so outweighs the circumstances and causes his release on bail not to be in the interest of justice.
He simply cannot be trusted to stand his trial. His prudent attorney can complete the forms needed, submit them to the Master of the High Court who will then appoint the representative or executor. His unemployed brother can even be appointed as executor, and take instructions from him. That is not the case. At best for him, he wants to be allowed to step into that role. It is further submitted that the affidavit deposed to by J has not been challenged and the court therefore must accept the content thereof.
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It is also submitted, that the Court must accept what J has stated in her affidavit pertaining to her inability, or unwillingness to take care of A and B for an extended period of time. At this stage J is the primary care giver of the children. He was ostensibly called to testify and prove that Mr C will not, if released on bail, abscond again. B testified that he wishes his father would be released, and that he further wishes he would not abscond again like in According to him Mr C did not warn or explain to them why he left them without even greeting them in One day when they returned from school they found that Mr C has left, only to see him again after his arrest in Bloemfontein.
So too is it submitted on his behalf that the Court should accept the affidavit by J stating that Mr C is the best person to take care of B and A. The bond between him, his children and his deceased spouse at the time of her passing was not of such a nature as to establish exceptional circumstances on a balance of probabilities. Furthermore, the behaviour of the applicant over the last few years does not constitute that of someone that has a close relationship with his children that can assume the role of a caregiver.
The court must approach the application in a way that is least damaging to the interests of the children, given the circumstances in the application. The purpose of emphasising the duty of the court to acknowledge the interests of the children was not to permit errant parents unreasonably to continue with their unlawful conduct; rather, it was to protect innocent children from avoidable harm.
Certain guidelines would promote uniformity of principle, consistency of treatment and individualisation of outcome, which, in my view, can be equally be applied in bail applications. Firstly , a court should determine whether an accused was a primary caregiver. Secondly , the court should ascertain the effect on the children if the release on bail is refused. Thirdly , if it is clear to the Court that it is not in the interest of justice to release the accused on bail, and the accused was a primary caregiver, the court must apply its mind to the question of whether it was necessary to take steps to ensure that the children would be adequately cared for while the caregiver is incarcerated.
Fourthly , where it is appropriate to release the accused on bail, the conditions of such release must be determined bearing in mind the interests of the children. The court must use the paramountcy principle as an important guide in deciding which bail conditions to set.
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This is indicative of the lack of a bond between the children, his wife and Mr C. This endured for almost three years. During this time Mr C lived with a girlfriend in Bloemfontein until he was arrested. It is hard to believe that the relationship between Mr C, his wife and children would be as good as portrayed by him under the circumstances. This is also supports for the fact, and my finding that Mr C was not, and is not, the primary care giver of the children.
To the contrary, I am of the view that his life style, prima facie that of a cash in transit robber, is incompatible with that of a loving, caring and responsible father. He most certainly was not the Robin Hood he wants this Court to believe. The children currently resides with, and are in the primary care of J. She indicates in her affidavit that she is not unwilling to take care of the children, but that her family setup does not allow for her to do so. Having established that funds are available it follows that should it be made available to the caregivers of the children their financial needs will be satisfied.
It is not a matter of leaving the children is the streets to fend for themselves at all. Add the funds to the amount that he has available to post bail, and the children will be taken care of. The other side of the coin is however also before me. As stated elsewhere in this judgment, according to Ms Van Den Heever, he was called to confirm that in his opinion, Mr C would attend his trial and not abscond again.
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That was not achieved in his evidence. To the contrary, it indicated a tendency by Mr C not to accept responsibility for his family.
He absconded during without even giving his children a reason for his conduct. His very belated explanation of the reasons for absconding is, as appears in more detail herein, is not reasonable, and rejected as false. Many considerations have to be taken into account.
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These considerations entail a projection of future conduct taking into account past conduct [10]. It is not disputed that he was previously released on bail subject to strict conditions. He absconded, only to be arrested in Bloemfontein by the SAPS acting on information provided to them by a section witness. It is also not disputed that he could not be located at the address provided to the SAPS as his residential address in Gauteng.
It is not dealt with by either party, but I assume that his late wife could not provide the SAPS with an address, as he was a fugitive from justice at that stage.
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It is also not denied that he assumed a different identity in Bloemfontein, and lived with a girlfriend. She confirmed this in a statement to the police. Mr C even handed a sick note to his attorney for presentation to the Court. Thereafter he:. I then started receiving anonymous threatening phone calls, which threatened my life and that of my family. The aggression was especially aimed at N and my children. He took an informed decision to abscond and got rearrested on 26 July The state correctly submits in its heads of argument that this bail application is the first time that Mr C raises this explanation as to why he did not attend court in , as required by the bail conditions applicable at the time.
If the Applicant had a reasonable explanation for his absence at court, as he alleges in his affidavit, he would not have waited almost two years to bring an application for his release on bail.