Accused robbers lose bail appeal in Western Cape High Court

Two men accused of robbing a shop owner at gunpoint, will remain behind bars after their bail appeals failed in the Western Cape High Court. 

Chumani Thyulu, 21, and Bongo Vula, 22, were arrested on 22 February and are charged with serious violent crimes described as schedule 6 offences under the Criminal Procedure Act.

They face charges of robbery with aggravating circumstances (count 1), unlawful possession of a firearm (count 2). 

Thyulu also faces a third charge of unlawful possession of 13 rounds of ammunition (count 3).  

After their arrest, the gun-wielding duo - both with a clean criminal record - applied for bail before the Khayelitsha Magistrate's Court where their applications were denied.

The court found that they failed to prove exceptional circumstances exist - which is required for bail in a schedule 6 matter.

Acting judge Elzanne Jonker said: “The legislative framework is clear and uncompromising: section 60(11)(a) mandates that where an accused faces a schedule 6 offence, bail shall not be granted unless the accused adduces evidence satisfying the court that exceptional circumstances exist which, in the interests of justice, permit release.”

According to the two - Thyulu being employed while Vula is a student - they argue that the state’s case against them is weak in the absence of an identity parade. 

They submitted that their continued detention would prejudice their employment and studies, and that prison conditions are harsh and overcrowded, and that they are not flight risks.

They also deny ownership or possession of the firearms allegedly found and maintain that they were attacked by members of the community before their arrest. 

According to them, the arrest took place under “chaotic circumstances in an overpopulated area where the alleged offence occurred”.

The state, opposing their applications, argued that two firearms were recovered in circumstances linking them to the appellants. They further argued that the complainant was robbed at gunpoint and positively identified the two as the perpetrators of the crime. 

According to the state a third firearm remains missing and this presents an ongoing threat to community safety and suggests that there is a possibility of evidence being destroyed and/or concealed.

Acting judge Jonker said: “The appellants are young, with clean criminal records. Their employment and studies would indeed suffer prejudice through continued incarceration. These are relevant factors, but they are not unusual in bail applications and cannot, without more, be elevated to ‘exceptional circumstances’.

“The charges are grave…The magistrate's decision reflects a proper understanding of both the legal requirements and the competing interests at stake. The magistrate’s emphasis on community safety, the gravity of the charges, and the adequacy of the evidence demonstrates sound reasoning,” said acting judge Jonker. 

 chevon.booysen@inl.co.za