Lekompo musician Lehlogonolo Chauke, popularly known as Shebeshxt, will remain behind bars after the Polokwane High Court dismissed his appeal against the refusal of bail, finding that his separation from his newborn child does not amount to the exceptional circumstances required for his release.
Handing down judgment on Wednesday, the court acknowledged that being separated from family, including a newborn baby, is a painful consequence of detention. However, it ruled that this hardship is shared by many awaiting-trial inmates and cannot, on its own, justify bail. The judge further found that Shebeshxt is not the child’s primary caregiver, noting that the baby’s mother fulfils that role.
The court also found that the defence had failed to provide expert evidence, such as testimony from a social worker or psychologist, to show that the musician’s incarceration was having a harmful impact on the infant. Without such evidence, the judge said the emotional strain of being separated from his child could not be regarded as an exceptional circumstance warranting his release.
Shebeshxt launched a bid to be released on R100,000 bail, arguing that he is the sole provider for his family and that his continued detention was causing severe financial hardship. His legal team also told the court that he had a young family to support, needed specialised medical treatment for a leg injury sustained in a car crash, and posed no flight risk. Prosecutors opposed the application, maintaining that the seriousness of the charges and the interests of justice outweighed the grounds advanced for his release.
Questions were also raised about Shebeshxt’s financial disclosures. While he argued that his family depended entirely on him, the court heard that his partner is employed in a managerial role within his business. The judge also questioned the lack of information about income the artist continues to generate through his music career while in custody and noted uncertainty over claims that fans had been refunded for cancelled performances.
The musician’s legal team further argued that an untreated leg injury and delays in his criminal case should be considered new facts supporting bail. The court rejected both arguments, finding that his medical condition had already formed part of previous bail proceedings and that there was no evidence correctional authorities had denied him treatment. It also ruled that claims of unreasonable delays in the trial process were speculative and unsupported by the facts before the court.
Shebeshxt, whose real name is Lehlogonolo Chauke, is facing several serious charges, including attempted murder, culpable homicide, assault with intent to cause grievous bodily harm and malicious damage to property. The charges stem from separate incidents that have kept the controversial artist in custody since late last year.
Concluding the matter, the High Court found that the magistrate had not erred in refusing bail and ruled that Shebeshxt had failed to prove the exceptional circumstances required under the Criminal Procedure Act. His appeal was accordingly dismissed, meaning he will remain in custody while awaiting trial.
