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South Africa decisions
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Nenzhelele and Others v S (A110/2024) [2024] ZAGPJHC 1043 (16 October 2024)
High Court appeal against bail refusal dismissed. The court held that the appellants, police officers facing Schedule 6 charges, failed to prove exceptional circumstances.
Mabaso v S (101/2022) [2024] ZAGPJHC 322 (28 March 2024)
The court found that the applicant failed to present credible new facts to justify reconsideration of bail. The medical certificate dated 30 August 2023 was not presented at the earlier hearing despite being in the applicant's possession, and its authenticity was questioned. The applicant did not provide satisfactory explanations for his absence on multiple required dates, nor did he address his history of violating bail conditions and committing further offences while on bail. The court held that the applicant's conduct undermined the administration of justice and that the evidence presented…
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S v Lenting and Others (CC08/2018) [2023] ZAWCHC 168; 2023 (2) SACR 409 (WCC) (24 July 2023)
The High Court granted witness-protection orders allowing an anxious, pregnant witness in a gang-related murder case to testify by CCTV in camera.
City of Johannesburg Metropolitan Municipality and Others v Ryckloff Bellegings (Pty) Ltd (18156/19) [2023] ZAGPJHC 868 (7 June 2023)
The High Court granted municipal applicants leave to appeal an eviction-related order, finding reasonable prospects of success and a question of law of importance.
Minister of Department of Rural Development and Land Reform and Others v Poit and Others (LCC205/2021) [2023] ZALCC 1; (2023) 44 ILJ 761 (LAC) (6 January 2023)
The Land Claims Court granted condonation for a late answering affidavit in a land claims review, but ordered the applicants to pay costs.
Abduradughman v S (A332/13) [2022] ZAWCHC 138 (19 July 2022)
The High Court extended the applicant’s bail pending her petition for special leave to appeal, finding the delay in prosecuting the appeal was not shown to be deliberate.
Haywood v S (A108/21) [2021] ZAWCHC 192 (21 September 2021)
The court found no misdirection in the magistrate's refusal of bail and held that the appellant failed to demonstrate exceptional circumstances justifying release. The existence of a forged J7 bail release document in the appellant's prison file and the disappearance of the related fraud docket were considered prima facie evidence of an attempt to compromise the administration of justice. The seriousness of the charges, the strength of the State's case, and the fact that the offences were committed while the appellant was out on bail further weighed against release. The court concluded that g…
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S v Papiyana and Another (CA&R 19/2021) [2021] ZAECMHC 8; 2021 (2) SACR 327 (ECM) (23 February 2021)
The court held that the provisions of section 93 ter(1) of the Magistrates' Court Act are peremptory and require the presence of two assessors in murder trials in the regional court unless the accused requests otherwise. In this case, both accused elected for the presence of assessors, and the magistrate had no discretion to proceed with only one assessor. The failure to properly constitute the court was a gross irregularity that vitiated the proceedings. Lack of human resources cannot justify non-compliance with statutory requirements. The conviction was set aside as the proceedings were not…
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Bergh and Others v Agricultural Research Council (93/2019) [2020] ZASCA 30; [2020] 2 All SA 637 (SCA); 2020 BIP 455 (SCA); [2020] HIPR 119 (SCA) (1 April 2020)
The Supreme Court of Appeal found that the ARC failed to discharge the onus of proving ownership of copyright in the BeefPro computer program. The evidence established that Tim Pauw, acting independently and without remuneration or supervision, developed BeefPro under an oral agreement with the ARC, which expressly reserved copyright to Pauw and his corporate vehicle, BenguelaSoft. The ARC did not exercise the requisite control over the making of BeefPro to be considered its author under the Copyright Act. Draft agreements and correspondence confirmed that BenguelaSoft was to retain copyright…
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Xego and Another v The State (CA&R30/2016) [2018] ZAECGHC 101 (11 October 2018)
Criminal appeal in a fraud and insurance-claims case. Convictions were upheld, but the sentence on the main fraud count was reduced from 15 to 8 years.
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