THE legal battle of popular musician Katlego Lehlogonolo Chauke, popularly known as Shebe Maburna, resumes at the Polokwane High Court on Friday, 12 June.
The artist's second bail appeal is set to continue after he approached the High Court following the dismissal of his latest bail application by the Polokwane Magistrate's Court on 30 April. The court ruled that he had failed to present any new facts to justify his release.
During the appeal hearing on 27 May, his lawyer, Michael Khumalo, argued that Magistrate Godfrey Netshiozwi failed to properly consider several issues raised by the defence, including Shebe's alleged need for urgent medical treatment for an injured leg.
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Khumalo also submitted that Netshiozwi should not have presided over the matter because he had previously signed the warrant for Shebe's arrest. He further argued that the magistrate allowed personal feelings to influence the decision to deny bail.
The defence asked the High Court to grant Shebe what it described as a "final chance", assuring the court that he would comply with all bail conditions if released.
Judge Karim Pillay questioned whether the issues raised by the defence had not already been dealt with during the previous bail proceedings, where witnesses testified and evidence was presented.
In response, Khumalo argued that the court first had to determine whether new facts existed before considering whether exceptional circumstances justified bail in the interests of justice.
The defence concluded its arguments, today the State Advocate Phaladi Mphahlele will file supplementary heads of argument.
Shebe faces 20 charges, including:
- Three counts of attempted murder
- Negligent discharge of a firearm
- Illegal possession of a firearm
- assault with intent to cause grievous bodily harm (GBH), among others.
His criminal case has been transferred to the Polokwane Regional Court and is awaiting a trial date.
