By: Saneliso Mlambo
Limpopo musician Lehlogonolo “Shebe Maburna” Chauke will remain behind bars after the High Court dismissed his appeal against the refusal of bail on Wednesday. The court found that Chauke failed to prove exceptional circumstances required for his release pending trial.
Chauke based his appeal on alleged new facts, including the birth of his child, his medical condition, financial hardship and the impact of his detention on his family, employees and music career. He also argued that investigations had been completed and that he was not a flight risk.
The High Court ruled that Chauke failed to fully disclose his financial affairs and the true state of his music business. The judge found there was insufficient evidence about his income, business operations and the financial impact of his detention.
The court also held that the birth of his child and his medical condition did not amount to exceptional circumstances. It found that his medical issues had already been raised during his initial bail application and that there was no evidence the Department of Correctional Services had denied him treatment.
The judge further rejected arguments that delays in the criminal case justified his release, saying the matter had progressed to the Regional Court within a relatively short period.
In dismissing the appeal, the court found that the magistrate had correctly applied the law and had not misdirected himself in refusing bail.
“The order of the magistrate refusing the admission of the appellant’s bail cannot be said to have been wrong,” the judge ruled.
The court concluded that all the factors raised by Chauke, even when considered together, did not establish exceptional circumstances as required by law. The appeal was therefore dismissed, meaning Chauke will remain in custody while his criminal case proceeds in the Polokwane Regional Court.