South Africa Case Law

Henderson v S (Bail Appeal) (CA & R 62/2024)

Henderson v S (Bail Appeal) (CA & R 62/2024) [2025] ZANCHC 27 (5 March 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 62/2024

Judge

Tyuthuza

The court found that the appellant failed to introduce new facts in the second bail application that were sufficiently different or relevant to warrant reconsideration of bail. Most of the evidence presented was either available at the time of the first application or constituted hearsay, and did not alter the position established previously. The appellant did not provide a credible explanation for the presence of his cellphone at the crime scene, nor did he rebut the prima facie case against him. The court considered the seriousness of the charges, the use of a firearm, the risk to the compl…

Source excerpt

• Bail Pending Trial
• Exceptional Circumstances
• Criminal Procedure Act Section 60
• Schedule 6 Offences
• Onus Of Proof
• Appeal On New Facts

Motshelanoka v S (Bail Appeal) (CAB15/2024)

Motshelanoka v S (Bail Appeal) (CAB15/2024) [2024] ZANWHC 251 (9 October 2024)

Court

North West High Court, Mafikeng

Case number

CAB15/2024

Judge

Motsatsi

The High Court dismissed a bail appeal in a murder matter, holding that the appellant had not shown that the interests of justice permitted release.

• Bail Application
• Criminal Procedure Act Section 60
• Onus Of Proof
• Appeal On New Facts
• Schedule 5 Offence
• Bail-appeal