IN THE HIGH COURT OF SOUTH AFRICA

EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH

Case number

In the matter between:

SIYANDA BAM Applicant

and

MAGISTRATE , ABIGAIL BEETON First Respondent

NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS Second Respondent

CERTIFICATE OF URGENCY

I, the undersigned,

BONGO LWAZI MVINJELWA

do hereby state that:

1. I am an Advocate of the High Court of South Africa, practicing in this Division at

Club Chambers, 12 Bird Street, Central, Port Elizabeth.

2. The Applicant is Siyanda Bam, an adult male businessman presently residing at

56 Greenside Street, Lovemore Heights, Port Elizabeth.

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3. The First Respondent is Magistrate Abigail Beeton, an additional magistrate for
the district of Port Elizabeth.

4. This Honourable Court has the jurisdiction to hear the matter in that the cause of
action arose within its jurisdiction.

5. The Applicant seeks the following relief:

5.1. Setting aside the decision of the First Respondent to remand the Applicant
in custody;

5.2. An order that bail be set at a reasonable amount alternatively, releasing

the Applicant on warning;

5.3. Further/ alternative relief as the Honourable Court deems appropriate

having had regard to the facts set out herein.

5.4. Costs of suit.

6. The factual background to the matter is detailed and provided in the founding
affidavit. The following is a comprehensive summary thereof:

6.1. The Applicant previously operated a security business from premises in

Cape Town;

6.2. The business has since been closed down, however the Applicant is still in
possession of various firearms of which he has a competency certificate
and licenses for;

6.3. The Applicant was wrongfully arrested on 29 April 2021 for possession of
7 unlicensed firearms;

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 6.4. On first the First Appearance, on 30 April 2021, the First Respondent
remanded the matter until Monday, 03 May 2021 for confirmation of the
Cape Town address;

6.5. The Applicant was not granted an opportunity to apply for bail and was
kept in custody;

6.6. The Applicant was arrested in his premises in Port Elizabeth, and these
were already verified;

6.7. The investigating officer was not in court to confirm the verification of the
address;

6.8. The applicant is entitled to his freedom, especially in the light of the fact
that he does possess licenses for the said firearms

7. The Applicant prays for the matter to be set down for hearing on 30 April 2021 at
16h00 or so soon thereafter as Counsel for the Applicant may be heard.

8. In conclusion I respectfully request that this Honourable Court condone any non
– compliance with the provisions of the Rules of this Honourable Court.

9. For the above reasons, I respectfully submit that the relief sought is of an urgent
nature and I humbly request that this Honourable Court consent to the matter
being heard at 16h00 on 30 April 2021.

__________________
BONGO MVINJELWA
Applicant’s Counsel
20 March 2020
19th Floor The Marine
22 Dorothy Nyembe Street,
Durban
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0834531167