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South Africa decisions
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Nowtham v S (A2025/091731) [2025] ZAKZDHC 50 (7 August 2025)
Appeal against a bail refusal in a Schedule 6 murder case was dismissed. The High Court held that the magistrate correctly found no exceptional circumstances.
K.Y.M v S (Appeal) (CAB20/2024) [2025] ZANWHC 140 (30 July 2025)
Appeal against refusal of bail upheld; the High Court granted bail on conditions after finding the magistrate misdirected herself on the evidence.
Bunu v S (Appeal) (A76/25) [2025] ZAWCHC 311 (29 July 2025)
High Court appeal against refusal of bail in a Schedule 6 murder and robbery case was dismissed. The appellant failed to show exceptional circumstances.
A.O v S (Bail Appeal) (A104/2025) [2025] ZAWCHC 274 (30 June 2025)
The High Court upheld a bail appeal, finding exceptional circumstances after the complainant retracted her allegations and the magistrate’s refusal was wrong.
Janse Van Rensburg v S (Bail Appeal) (BA02/2025; SA158/2024) [2025] ZAMPMHC 33 (23 June 2025)
The High Court dismissed a bail appeal, finding the appellant failed to show the interests of justice permitted release and remained a flight risk.
Yosana v Director of Public Prosecutions, Western Cape (CC40/2020) [2025] ZAWCHC 263 (20 June 2025)
Second bail application based on alleged new facts dismissed. The Court held that a witness recantation, banking hardship, and trial delay did not justify release.
Tom v S (Appeal) (CA&R17/2025) [2025] ZAECBHC 13 (12 June 2025)
The magistrate's refusal to grant bail was arbitrary and unconstitutional because he failed to consider and account for the appellant's affidavit and the relevant factors required by law. The judgment lacked reasons and proper analysis, violating the appellant's constitutional rights to freedom and security of the person and the principle of judicial impartiality. The appeal court found that the magistrate's decision was wrong and substituted it with an order admitting the appellant to bail, subject to standard conditions.
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Mashego v S (A31/2025) [2025] ZAGPJHC 545 (4 June 2025)
Appeal against refusal of bail dismissed. The High Court held the appellant failed to prove exceptional circumstances under section 60(11)(a).
S.A.P v S (Bail Appeal) (CAB 05/2025) [2025] ZANWHC 92 (2 June 2025)
The court found that while the appellant introduced new facts in his supplementary affidavit, these facts were not sufficiently compelling to alter the balance of the interests of justice in his favour. The seriousness of the offence, the domestic violence context, and the risk to the complainant remained paramount. The magistrate correctly applied the statutory framework under section 60(11)(c) and section 60(4) of the Criminal Procedure Act, and did not exercise her discretion wrongly. The appellant failed to discharge the onus of showing that the interests of justice permitted his release…
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Kalbo v S (A24/2025) [2025] ZAGPJHC 536 (28 May 2025)
The court held that the Regional Magistrate correctly classified the bail application as a Schedule 6 offence, given the nature of the charge and the medical evidence. The appellant failed to discharge the onus of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. His reliance on affidavit evidence, without viva voce testimony, diminished the probative value of his claims. The appellant's lack of emotional and property ties to South Africa, revoked asylum status, and family outside the country increased the risk of flight. The identification evid…
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