South Africa Case Law

Mabuza v S (BA05/2024)

Mabuza v S (BA05/2024) [2024] ZAMPMBHC 26 (13 March 2024)

Court

Mbombela High Court, Mpumalanga

Case number

BA05/2024

Judge

Roelofse

The court held that an order cancelling bail and forfeiting bail money following a section 66 inquiry is not appealable under section 65 of the Criminal Procedure Act. Section 65 only provides for appeals against refusal of bail or bail conditions, not cancellation. The proper remedy for an accused in these circumstances is a review of the decision or a fresh bail application. On the merits, the appellant failed to establish that the magistrate was wrong in cancelling bail and forfeiting bail money. The evidence showed that Mr Mabuza contacted and threatened state witnesses, including the com…

Source excerpt

• Bail Cancellation
• Forfeiture Of Bail Money
• Criminal Procedure Act
• Appealability Of Bail Orders

Porritt v S (A202/2018)

Porritt v S (A202/2018) [2018] ZAGPJHC 698 (10 December 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A202/2018

Judges

S Weiner, C I Moosa, J Mogotsi

The High Court dismissed an appeal against final forfeiture and cancellation of bail, holding the appellant failed to explain his 19 June 2017 non-appearance.

• Bail Forfeiture
• Criminal Procedure Act
• Appealability Of Bail Orders
• Admission Of New Evidence
• Bail-forfeiture
• Criminal-procedure

S v Nqumashe (CA&R 35/01)

S v Nqumashe (CA&R 35/01) [2001] ZANCHC 8; [2001] 4 All SA 471 (NC); 2001 (2) SACR 310 (NC) (11 May 2001)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 35/01

Judge

Majiedt R

The court held that an order revoking bail under section 68 of the Criminal Procedure Act is appealable and that the right of appeal is automatic. The revocation of bail, like the refusal of bail, results in the deprivation of liberty and should be subject to the same principles. The court found that the State had discharged its burden of proof on a balance of probabilities, presenting credible evidence through Captain Lourens, who acted promptly and seriously upon receiving information from an informer about a plot to murder a key witness. The appellant's denials and explanations were found…

Source excerpt

• Bail Revocation
• Appealability Of Bail Orders
• Burden Of Proof
• Hearsay Evidence In Bail
• Public Policy Informers