This is “an ex tempore judgment*” by the High Court in Durban.
It is an appeal against the refusal by the magistrates’ court, Verulam in KZN, to admit Mr Shirwin Nowtham (hereinafter referred to as the accused) to bail based on the alleged existence of “new facts”.
The accused previously applied for bail before the Verulam court. On 4 October 2024, that application was refused. The accused did not challenge that decision by appealing it, but elected, rather, to later renew his bail application based upon the alleged existence of “new facts”. Judgment in that application was delivered on 14 March 2025, where the accused’s application was again unsuccessful, hence this appeal under discussion.
The accused were charged with one count of murder and one count of attempted murder, of which both offences are alleged to have occurred on 29 August 2024. It was not disputed that the murder count falls within the ambit of Schedule 6 of the Criminal Procedure Act 51 of 1977 (“the CPA”), and it thus follows that the accused was required to establish exceptional circumstances that would justify his release from custody.
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[This is only an extract of this court case published in Pollex in Servamus: August 2026. This article is available for purchase.]