Nkosi Bail Appeal Sparks Courtroom Clash 🚨

Added: 2026-06-01

[00:00:00]That is the course that his his lordship needs to take. We we're going to submit to his lordship that the the magistrate was wrong in finding in respect of the facts and the law and that this court is therefore in a position to interfere with that. I I I know that you were not involved in a rail application but from the record I've read that to a very large extent council appearing for the appellent address the merits of the >> yes in in some way.

[00:00:40]>> Yeah but extensively. Yeah, >> extensively and the is authority to the fact that the bail application must not be reduced to a minute.

[00:00:52]>> Correct.

[00:00:52]>> And you know the manner he dealt with the bail application need a state to respond the manner in which he responded. Yes, I understand that and and that is exactly the principle and and a lot of the findings my lord then comes to credibility findings that should have rather been left to the child.

[00:01:15]>> But you are taking the magistrate on that.

[00:01:17]>> Yes.

[00:01:18]>> But you gave him a bread to to eat and after eating that bread you said no no no you are wrong. You didn't have you wouldn't have made a credibility finding.

[00:01:29]It is sir >> and it's only to one aspect of the seat not mounted to the wall. You said she's surprised because uh your your clients saw the pictures.

[00:01:45]>> Yes, I I I understand that model but even that that is a trial issue or not.

[00:01:51]>> Yeah. But why raise such kind of is a real >> I I cannot obviously provide an explanation. And it was >> you can't raise those things and then at the end you said no it's trial issue the magistrate should have closed his ears to that.

[00:02:05]>> Yes but but but that would have been the correct approach my lord and unfortunately >> to keep quiet >> that that should >> the will be accused of not considering what was placed before her.

[00:02:16]>> Yeah. Well, my lord, even if she she does consider what was placed before her, it must be considered within the bounds of what our law says in respect of a bail application.

[00:02:30]>> And remember my lord that a bail application is inquistorial in that.

[00:02:35]>> Yes. So even if there wasn't um aspects or facts placed before the court, the court could have inquired in in any event and was obliged in in terms of the CPA to to inquire into certain Yeah. not to aspects outside the >> Yes. Correct.

[00:02:55]So my Lord,