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South Africa Case Law

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Criminal Law [2025] ZAGPJHC 711

S v Lund (A17/2025)

S v Lund (A17/2025) [2025] ZAGPJHC 711 (21 July 2025)

The High Court refused condonation for the State’s late appeal against bail and dismissed the leave to appeal application, finding no satisfactory explanation for delay.

  • Bail Appeal
  • Condonation
  • Criminal Procedure Act
  • Costs Award
  • Bail-appeal
  • Criminal-procedure-act
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Criminal Law [2024] ZAGPPHC 1341

Director of Public Prosecutions v Ngobeni (A358/2023)

Director of Public Prosecutions v Ngobeni (A358/2023) [2024] ZAGPPHC 1341 (29 November 2024)

The court found that the magistrate misdirected himself in granting bail to the respondent on new facts. The respondent's alleged new facts, such as his child's illness and his own deteriorating health, were either known or could have been raised at the initial bail hearing and did not constitute genuine new circumstances. The respondent failed to provide evidence that his medical needs were not being met in detention. The magistrate ignored material evidence regarding the respondent's citizenship status and the fraudulent nature of his identity document. The delay in investigation was explai…

  • Bail Appeal
  • Condonation For Late Filing
  • New Facts In Bail Application
  • Identity Document Fraud
  • Prevention Of Organised Crime Act
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Criminal Law [2024] ZAECMKHC 21

Cikolo v S (CA55/2023)

Cikolo v S (CA55/2023) [2024] ZAECMKHC 21 (14 February 2024)

The full court held it lacked jurisdiction to hear a further bail appeal from a single judge, because such appeals fall under the Superior Courts Act and require special leave from the SCA.

  • Bail Appeal
  • Jurisdiction Of Full Court
  • Superior Courts Act
  • Criminal Procedure Act
  • Leave To Appeal
  • Bail-appeals
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Criminal Law [2023] ZAGPJHC 697

S v Aliyu (A12/2023)

S v Aliyu (A12/2023) [2023] ZAGPJHC 697 (14 June 2023)

The High Court upheld the State’s bail appeal, finding the magistrate misdirected himself and setting aside bail pending extradition proceedings.

  • Bail Appeal
  • Extradition
  • Flight Risk
  • Judicial Misdirection
  • Criminal Procedure Act
  • Bail-appeal
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Criminal Law [2023] ZAWCHC 70

Van Der Schyff v S (A94/22)

Van Der Schyff v S (A94/22) [2023] ZAWCHC 70 (4 April 2023)

The High Court dismissed a bail appeal in a large-scale VAT fraud prosecution, finding the appellant’s conduct showed a risk to the fiscus and the criminal justice system.

  • Bail Appeal
  • Fraud
  • Money Laundering
  • Prevention Of Organised Crime Act
  • Value Added Tax Act
  • Tax Administration Act
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Criminal Law [2022] ZAGPPHC 693

Director of Public Prosecutions, Pretoria v Mudolo and Another (A77/2022)

Director of Public Prosecutions, Pretoria v Mudolo and Another (A77/2022) [2022] ZAGPPHC 693 (13 September 2022)

State appeal in a bail matter partly succeeded: bail remained, but the first respondent’s relaxed travel-related bail conditions were set aside.

  • Bail Appeal
  • Amendment Of Bail Conditions
  • Flight Risk
  • Interests Of Justice
  • Burden Of Proof
  • Criminal Procedure Act
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Criminal Law [2021] ZAFSHC 46

Modise v S (A13/2021)

Modise v S (A13/2021) [2021] ZAFSHC 46; 2021 (2) SACR 218 (FB) (22 February 2021)

Appeal against refusal of bail on new facts dismissed as moot after delay and later developments. Court noted the need to state the correct bail schedule and onus.

  • Bail Appeal
  • New Facts On Appeal
  • Onus In Bail Applications
  • Schedule 5 And 6 Offences
  • Delay In Prosecution
  • Covid 19 Prison Conditions
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Criminal Law [2021] ZAMPMHC 1

Director of Public Prosecutions Mpumalanga v Segone (BA30/2020)

Director of Public Prosecutions Mpumalanga v Segone (BA30/2020) [2021] ZAMPMHC 1 (18 January 2021)

Appeal against a magistrate’s bail order in a Schedule 6 matter was upheld because no exceptional circumstances were proved.

  • Bail Appeal
  • Exceptional Circumstances
  • Robbery With Aggravating Circumstances
  • Witness Interference
  • Judicial Discretion
  • Bail-appeal
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Criminal Law [1999] ZASCA 20

Prokureur-Generaal van die Vrystaat v Ramakhosi (520/96)

Prokureur-Generaal van die Vrystaat v Ramakhosi (520/96) [1999] ZASCA 20 (26 March 1999)

The Supreme Court of Appeal dismissed the attorney-general’s bail appeal as having no practical effect, holding that the appeal was governed by the Criminal Procedure Act.

  • Bail Appeal
  • Practical Effect Of Judgment
  • Supreme Court Act Section 21a
  • Criminal Procedure Act Section 65a
  • Bail-appeal
  • Practical-effect
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.