The Polokwane High Court has dismissed the bail appeal of musician Lehlogonolo “Shebeshxt” Chauke, finding that being separated from his newborn child does not amount to an exceptional circumstance that justifies his release. The court ruled that the hardship is one faced by many awaiting-trial detainees.
Chauke, whose full name is Lehlogonolo “Shebe Maburna” Chauke, remains in custody while facing charges including attempted murder, culpable homicide, assault with intent to do grievous bodily harm, and malicious damage to property.
In its judgment, the court considered Chauke’s arguments relating to his family circumstances and financial position before concluding that no new facts had been presented to warrant bail.
Shebeshxt Bail Appeal Dismissed Over Family Circumstances
The Shebeshxt bail appeal centred partly on his inability to spend time with his newborn child. However, the court found that this consequence of detention was not unique to Chauke.
According to the judgment, “the inability to spend quality time with family, including his newborn child, is a circumstance that is a reality and consequence of his detention, flowing from the various charges he was facing, and unfortunately applies to all awaiting trial inmates.”
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The court also found that Chauke was not the child’s primary caregiver. Referring to the Constitutional Court judgment in S v M (Centre for Child Law as Amicus Curiae), the judge stated, “from the record, he is not the primary caregiver to his newborn.”
The judge added, “his relationship with his child is that of a father. Yes, he is special to the child, but he is not the primary caregiver,” noting that the child’s mother fulfilled that responsibility.
Shebeshxt Failed To Provide Evidence On Child’s Wellbeing
The Shebeshxt bail appeal also relied on claims that his detention negatively affected his child. The court found there was no supporting expert evidence to substantiate that argument.
The judgment noted that no social worker or other qualified professional had testified about any psychological impact his absence was having on the infant. Without such evidence, the court held that Chauke’s personal concerns could not be regarded as exceptional circumstances required for bail based on new facts.
Court Questions Shebeshxt’s Financial Disclosure
The Shebeshxt bail appeal also came under scrutiny over Chauke’s financial disclosures. The court found inconsistencies in his evidence regarding his income and household finances.
Although Chauke claimed his life partner depended entirely on him financially, evidence showed that she worked in a managerial position within his business and was responsible for overseeing its finances.
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The judge also questioned Chauke’s evidence about his earnings while in custody, asking, “How much income was he currently generating as a musical star? How much of these funds were being utilised?”
The court further noted that Chauke’s claim that he had refunded fans for cancelled performances was contradicted by legal action brought against him over an unpaid refund. According to the judgment, this left “the court in a position of uncertainty as to whether or not he was taking the court into his total confidence.”
