Holland, who holds both British and Zimbabwean passports, was again remanded in custody last Thursday by Principal Magistrate Tshepo Magetse. According to Magetse, the accused was first brought before court on June 5, 2023, where he was initially remanded in custody. He was subsequently granted bail on July 19, 2023. The magistrate further stated that at the time of granting bail, the primary consideration was that he required rehabilitation in a private institution in South Africa. He also said that following Holland’s return from rehabilitation, he did make an appearance before the court.
However, Magetse stated that from July 18, 2024, Holland failed to attend further proceedings and remained at large until his apprehension on January 21, 2025. Additionally, the magistrate stated that according to the defence counsel, the present application is primarily based on some grounds, which warrant the accused’s admission to bail pending trial. He stated that the fundamental principle governing bail is that an accused person must guarantee their attendance before the court whenever required. This obligation is absolute and non-negotiable. "The accused, at the time of his initial bail grant, was fully aware of his legal duty to appear before the court. Despite this, he failed to do so, not just for a month or two but for nearly a year," Magetse stated. "His prolonged absence cannot be excused by mere engagement with the police when he deliberately neglected the one place where his presence mattered most,” he added. Secondly, he stated that a reasonable person in his shoes is bound to ask: What has changed to warrant confidence that, if granted a second chance, the accused won't abscond once again? This question is crucial, as the accused’s prior conduct doesn't inspire confidence that he will now comply with bail conditions should he be re-admitted, he added.
He also said that the record of proceedings reflects that the accused (through his attorney) has admitted that he breached his bail conditions. According to Magetse, whilst acknowledging wrongdoing is an important first step, it must be accompanied by an acceptance of the consequences that naturally follow. He also said that Holland was fully aware that his release on bail came with clear obligations, the most fundamental being his duty to present himself before the court as and when required. When delivering his ruling on bail pending trial, Magetse said Holland was previously granted bail but failed to appear in court for nearly a year, breaching his conditions. He further said that his justification for non-attendance being engagement with police and mental health struggles are unconvincing, as he made no effort to notify the court or seek continued medical care. His proposed bail conditions mirror those he already violated, showing no new assurances of compliance, the magistrate added. Magetse highlighted that given the risk of re-offending, the need to uphold judicial integrity, and the lack of a material change in circumstances, the interests of justice don't support his release. Foregoing the above, he stated that bail pending trial is denied, and the accused person is to be remanded till the finalisation of the instant case. Holland will be back in court on March 7, 2025, for the commencement of trial.
