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South Africa decisions
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S v Mramba (Review) (CA & R 7/2025) [2025] ZAECBHC 2 (11 February 2025)
The High Court set aside a magistrate’s conviction and sentence for failure to appear while on bail, holding the accused had not been separately charged.
S v Nkosi (Special Review) (CA&R182/2024) [2024] ZAECMKHC 115; 2025 (1) SACR 558 (ECMk) (22 October 2024)
The magistrate's procedure of summarily enquiring into the accused's failure to appear and imposing a fine under Section 67A was not in accordance with the requirements of criminal procedure. Section 67A creates a criminal offence, and the accused must be tried according to the normal rules and standard of proof applicable in criminal cases. Section 67 provides a separate procedure for provisional cancellation and forfeiture of bail, which was not followed. The summary enquiry and imposition of fines without proper criminal proceedings are not authorised by either Section 67A or Section 67. T…
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S v Sompane - Review (B403/2022; R36/2023) [2023] ZAFSHC 324 (15 August 2023)
High Court review setting aside a conviction and sentence after a magistrate wrongly used section 170(2) following final bail forfeiture.
S v Ngete (25/2023) [2023] ZAWCHC 116 (19 May 2023)
The High Court set aside a magistrate’s conviction for failure to appear while on bail and held that the concurrent sentence order was incompetent.
S v Kondile (11/2020) [2021] ZAECBHC 3 (12 February 2021)
On special review, the High Court set aside a magistrate’s conviction and sentence for failure to appear, holding that section 67A required a formal charge and proper trial.
Wardle v Minister of Justice and Another (1485/2018) [2019] ZAECPEHC 88 (16 July 2019)
The application was dismissed on multiple grounds. The applicant failed to establish locus standi, as she did not prove she provided the bail money. The procedure for review under Rule 53 was not followed, as the magistrate was not joined and the record was not properly requested. Relief under section 70 of the Criminal Procedure Act must be sought from the Minister, an authorized officer, or the court concerned, not by way of review of the magistrate's decision. The applicant misconstrued her remedy and did not direct her application to the proper authority. Even if the transcript suggested…
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Porritt v S (A202/2018) [2018] ZAGPJHC 698 (10 December 2018)
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.
S v Luzil (18294) [2018] ZAWCHC 75; 2018 (2) SACR 278 (WCC) (19 June 2018)
The High Court set aside a magistrate’s conviction under section 170(1) after bail had been finally forfeited, and remitted the matter for proper procedure.
S v Edipute (CA&R45/2018, 20180024) [2018] ZAECGHC 13 (22 February 2018)
The magistrate erred in conducting a summary enquiry and convicting the accused for failing to appear while on bail, as such procedure is not authorised by the Criminal Procedure Act. The conviction and sentence for this offence were set aside. In sentencing the accused for theft, the magistrate failed to consider the interests of her minor children, despite clear evidence that she was their primary caregiver. The failure to address the impact of incarceration on the children constituted a miscarriage of justice. The sentence for theft was set aside and substituted with a sentence that took i…
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Sulani v Mathiya and Another (246/2018) [2018] ZAECPEHC 2; 2018 (2) SACR 157 (ECP) (2 February 2018)
Section 67(1) of the Criminal Procedure Act does not require immediate execution of a warrant of arrest upon an accused's non-appearance. The provision is silent on execution timing and must be interpreted in conformity with constitutional rights, including liberty, dignity, and family life. The magistrate was obliged to issue the warrant and provisionally cancel bail, but had discretion to stay execution, especially where the absence was due to legitimate medical reasons, such as the applicant's recent caesarean section. The restrictive interpretation adopted by the magistrate was incorrect…
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