Shebeshxt’s separation from newborn ‘not exceptional’, says court as it delivers bail blow

The Polokwane High Court ruled that missing time with his newborn child was a hardship shared by all awaiting-trial inmates, not a special circumstance justifying Lehlogonolo “Shebeshxt” Chauke’s release on bail. The court on Wednesday dismissed Shebeshxt’s bail appeal. Chauke, whose real name is Lehlogonolo “Shebe Maburna” Chauke, faces charges including attempted murder, culpable homicide, assault with intent to do grievous bodily harm, and malicious damage to property.

The court acknowledged that being kept from his family was difficult for Chauke but stressed that this was not unique to him. 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.” The judge went further to clarify Chauke’s role in the child’s life, stating plainly that “from the record, he is not the primary caregiver to his newborn.” Referring to precedent set in S v M (Centre for Child Law as Amicus Curiae), the court found that Chauke’s bond with his baby was that of a father rather than a caregiver. The judge noted that “his relationship with his child is that of a father.

Yes, he is special to the child, but he is not the primary caregiver,” adding that his life partner fulfilled that role instead. The court also pointed out that Chauke had not brought any expert testimony to support his claim that his absence was harming his child. No social worker or other professional had testified on the psychological impact of his detention on the infant.

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Because of this gap, the judge said his personal distress, while understandable, could not be elevated into the kind of exceptional circumstance the law required for bail on new facts. Beyond the family argument, the court raised concerns about Chauke’s financial disclosures. It emerged that his life partner, whom he claimed was solely dependent on him, was actually employed by his business in a managerial position overseeing its finances.

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