Mzolisi Mkhangeli v The State

The applicant was convicted in the High Court on charges including murder and robbery with aggravating circumstances and sentenced to life imprisonment. Leave to appeal was granted. The applicant experienced delays in prosecuting his appeal due to missing portions of the trial record, despite the Department of Justice providing a transcription in 2021. Certain parts of the record remained missing and were not reconstructed. The applicant applied for bail pending appeal, arguing that the delay infringed his right to prosecute the appeal. The State opposed bail, contending that the applicant was a flight risk, citing his prior failure to comply with bail conditions in the district court and a conviction for contempt of court.

The application for bail pending appeal was dismissed.

The case reaffirms the stringent approach to bail pending appeal in Schedule 6 matters and underscores that delays in prosecuting an appeal, particularly relating to reconstruction of the record, do not automatically constitute exceptional circumstances. It reinforces the principle that appellants bear ultimate responsibility for ensuring a complete appeal record.