The matter has since been postponed to the 16th July 2018, Respondent to file papers by the 10th July 2018. The matter scheduled for the 9th July 2018, its bail application has been stopped pending the finalisation of the Appeal. That was the ruling by the court.
Mr. Howe, for the Respondent (Sipho Shongwe), argued that the ruling given by the court is like a final order and favours the applicant, as it is what the applicant seeks in it’s application. The court responded to the state, that it did not request for an order stopping the bail, but stated that it made an order for the bail to be held in abeyance.
It was a hot interaction between the bench and Mr. Howe who represents Sipho Shongwe. The debate was a result of the court stating that the bail application is held in abeyance. Mr. Shongwes’ attorney told the court that it was now dealing with the merits of the matter. It was worth noting that the court stated that, this was a temporary bench as the matter was urgent.
It went on to state that it may not be the same members who will be sitting when the matter is formally enrolled. The court further stated that it still has to consider if they are OK with hearing the matter or other judges can take over.
With the court ordering that the bail application be held in abeyance means that the hearing scheduled for Monday will not proceed and Sipho will have some added days behind bars. “Justice delayed is Justice denied, also justice rushed has the impact of causing indigestions” this were the words of the Judge, before handing down its order to postpone the application.
