Interested Bystander
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Example of bail pending appeal being denied after conviction:
http://www.justice.gov.za/sca/judgments/sca_2013/sca2013-001.pdf
I wasn't going to post the following because I feel you are not prepared to accept that on occasion bail is allowed before an Appeal, even for murderers. I found these by Googling. It took half an hour. Perhaps your string wasn't quite right. Not only do lawyers from SA state this is likely to happen but the following links show that it does happen. It is not something I wish to happen as I think OP should be put away for life but I have many doubts this is going to happen in the near future. I sincerely hope I am wrong because my concern is that if he gets bail prior to an Appeal there will be around 18 months for his family to pull strings or for him to abscond.
http://www.heraldlive.co.za/platinum-heist-planner-released-on-bail/
Judge Glenn Goosen said in his judgment that as Madoda Dopla Nube, 38, of New Brighton, had not broken his bail conditions while he was on bail during the trial, he could be released on bail again pending a decision on his appeal before the Supreme Court of Appeal.
Nube was convicted by the Port Elizabeth High Court on charges of robbery with aggravating circumstances, two counts of attempted murder and six counts of murder.
www.saflii.org/za/cases/ZASCA/2007/93.rtf
[19] It is important to note that the appellant was released on bail during the entire period of his trial. It is not disputed that the State, recognising that bail had been refused by the trial court on the narrow basis that there were no prospects of success, agreed not to oppose a fresh application for bail and in fact agreed bail conditions subject to the court’s approval. As noted earlier the State has not filed an affidavit in opposition and has therefore not indicated that the appellant is a flight risk. Furthermore, there is no factual basis on which one can conclude that it is not in the interests of justice for the appellant to be released pending the finalisation of his appeal.
http://www.corruptionwatch.org.za/content/enraged-release-whistleblower’s-murderers-0
“Mr Wolmarans and Mr Matshaba were convicted by the High Court in Mafikeng and sentenced to 20 years in jail and life imprisonment respectively. However, they have been granted leave to appeal their conviction to a full bench of the high court and released on bail pending the outcome of the appeal.
There are two reasons this should not concern us. First, it is common for convicted criminals to be granted bail. If their conviction is eventually upheld, they will still have to serve their sentences. The release on bail should not worry potential whistleblowers — it means the law is simply taking its course.”
http://www.bdlive.co.za/national/2013/10/24/family-objects-to-bailed-phakoe-killers-partying
In the letter to the NPA, the family said Wolmarans was "throwing parties" for friends and Matshaba was "still coming to the same street where he shot and killed Moss Phakoe".
"We are very confused about our justice system, which turns to favour the ones with financial powers and disregard the needs of the poor," Phakoe’s son Tlholo wrote to the NPA.”
Eventually these two won their appeal. A witness, after the trial, said he had been paid to lie. One wonders whether someone had paid him to change his mind. I am a cynic.
http://www.groundup.org.za/article/guide-being-tried-murder-south-africa_1787
The basic rule is that the conviction and sentence are not suspended pending the appeal, so the appellant must go to prison in the meantime. But the court that convicted the appellant may, upon application and if it deems it appropriate, release the accused on bail.
http://en.wikipedia.org/wiki/Crimin...ear_or_failure_to_observe_a_condition_of_bail
Bail pending appeal
When an appeal against a conviction or sentence or order of a lower court is noted, this does not automatically suspend the operation of the sentence unless the court releases the convicted person on bail.[120] If the convicted person was out on bail for trial, the court granting bail pending appeal (or review) may extend bail, in the same amount or in any other amount.[121]
If the convicted person was not previously on bail for the trial, the court may release him on bail on condition that he deposits the stated amount.[122] The court may permit the convicted person to furnish a guarantee instead of cash.[123] It shall be a condition of release that the convicted person shall surrender himself at the time and place specified by court, and upon service of notice in the prescribed manner, to commence the sentence, in the event that the convicted person still has to undergo imprisonment after the disposal of the appeal.[124]
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I also came across a study paper where it was argued, between lawyers, that not to allow bail if an appeal is granted is morally wrong because there is always the possibility that different judges will find the defendant not guilty and if bail has not been allowed he/she will have been wrongly incarcerated for a long time. I cannot now find that paper but if I do I will post the link. Unfortunately I cleared my history today and I had not saved it.
Not long now until we hear the verdict and all will become clear. Fingers crossed he will be packed off jail.