South Africa Case Law

S v Ruiters (CC 012023)

S v Ruiters (CC 012023) [2025] ZAWCHC 91 (7 March 2025)

Court

Western Cape High Court, Cape Town

Case number

CC01/2023

Judge

Slingers

The court found that Mr Ruiters breached his bail conditions by failing to report to the police station as required. His arrest and detention were the result of his own conduct, and the lawfulness of the arrest was not disputed. On a balance of probabilities, the court held that the impossibility of complying with bail conditions was due to fault on Mr Ruiters' part. The onus shifted to Mr Ruiters to present facts to persuade the court not to cancel bail or declare it forfeited. He elected not to apply for bail or provide any explanation for his failure to do so, and did not present any facts…

Source excerpt

• Bail Cancellation
• Onus Of Proof
• Failure To Comply With Bail Conditions
• Fault Requirement
• Criminal Procedure Act Section 66

Zhang v S (Bail Appeal) (A257/2024)

Zhang v S (Bail Appeal) (A257/2024) [2024] ZAWCHC 421 (12 December 2024)

Court

Western Cape High Court, Cape Town

Case number

A257/2024

Judge

M Sher

The High Court dismissed a bail appeal by a serial abalone offender, upheld bail cancellation, and referred prosecutorial conduct and a prior sentence re-suspension for investigation.

• Bail Cancellation
• Serial Offending
• Marine Living Resources Act
• Plea And Sentence Agreement
• Immigration Status
• Suspended Sentence

S v Kula (CC21/2023)

S v Kula (CC21/2023) [2024] ZANWHC 165 (3 June 2024)

Court

North West High Court, Mafikeng

Case number

CC21/2023

Judge

Petersen

The High Court cancelled the accused’s bail and forfeited R50,000 after finding breaches of bail conditions, including contact with children and state witnesses.

• Bail Cancellation
• Breach Of Bail Conditions
• Interference With Witnesses
• Forfeiture Of Bail
• Criminal Procedure Act
• Bail-cancellation

Mabaso v S (101/2022)

Mabaso v S (101/2022) [2024] ZAGPJHC 322 (28 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

101/2022

Judge

MA Makume

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…

Source excerpt

• Bail Cancellation
• Onus Of Proof
• New Facts In Bail
• Failure To Comply With Bail Conditions
• Administration Of Justice

Xaliphi v Cape Town Regional Magistrate and Another (383/23)

Xaliphi v Cape Town Regional Magistrate and Another (383/23) [2024] ZAWCHC 85 (19 March 2024)

Court

Western Cape High Court, Cape Town

Case number

383/23

Judge

Thulare

The High Court dismissed a review of a magistrate’s order cancelling bail and remanding the applicant in custody, finding no gross irregularity in the record or procedure.

• Bail Cancellation
• Release On Warning
• Criminal Procedure Act Section 67
• Criminal Procedure Act Section 72
• Gross Irregularity
• Summary Enquiry

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

Ntsasa v S (A61/2023)

Ntsasa v S (A61/2023) [2023] ZAFSHC 218 (29 May 2023)

Court

Free State High Court, Bloemfontein

Case number

A61/2023

Judge

Van Zyl

The appeal succeeded because the State failed to discharge its onus on a balance of probabilities to justify cancellation of bail under section 68 of the Criminal Procedure Act. The evidence presented regarding alleged threats was hearsay, and the State did not call the relevant witness or submit her affidavit. The appellant consistently maintained he did not know who the witnesses were, and the State failed to prove otherwise. The presiding magistrate's conduct during questioning was irregular and prejudicial, as she descended into the arena and cross-examined the appellant, using evidence o…

Source excerpt

• Bail Cancellation
• Onus Of Proof
• Judicial Impartiality
• Hearsay Evidence
• Bail Conditions

D[....] v S (A53/2021)

D[....] v S (A53/2021) [2021] ZAGPJHC 71 (25 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A53/2021

Judges

T P Mudau, M A Makume

High Court dismissed an appeal and review against cancellation of bail and forfeiture of bail money after the appellant unlawfully contacted the complainant.

• Bail Cancellation
• Forfeiture Of Bail Money
• Breach Of Bail Conditions
• Domestic Violence Act
• Review Vs Appeal
• Criminal Procedure Act

Mathibela v S (CC149/16)

Mathibela v S (CC149/16) [2020] ZAGPPHC 243 (18 March 2020)

Court

North Gauteng High Court, Pretoria

Case number

CC149/16

Judge

BAM

The High Court refused condonation and leave to appeal against a bail cancellation order, finding no reasonable prospects of success and inadequate explanation for delay.

• Bail Cancellation
• Condonation
• Superior Courts Act
• Breach Of Bail Conditions
• Bail-cancellation
• Leave-to-appeal

Porritt v S (08389/2018)

Porritt v S (08389/2018) [2018] ZAGPJHC 68; 2018 (2) SACR 274 (GJ) (9 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

08389/2018

Judge

Wepener

The High Court held that bail-related relief must be pursued under criminal procedure, not civil remedies, and dismissed an urgent application to reinstate bail pending appeal.

• Bail Cancellation
• Appeal Suspends Order
• Criminal Procedure Act
• Superior Courts Act
• Civil Vs Criminal Remedies
• Bail-cancellation