South Africa Case Law

Plaatjies v S (CA&R51/2024)

Plaatjies v S (CA&R51/2024) [2024] ZAECBHC 29 (12 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R51/2024

Judge

Jolwana

The court found that the applicant failed to discharge the onus of establishing exceptional circumstances that would justify his release on bail under section 60(11)(a) of the Criminal Procedure Act. The only new fact presented—the applicant's medical condition—was not sufficiently serious or exceptional to warrant release, as his medical needs could be met within the correctional system, including access to private medical care at his own expense. The seriousness of the charges, the precision with which the offences were planned and executed, and the applicant's intimate knowledge of the inv…

Source excerpt

• Bail On New Facts
• Exceptional Circumstances
• Pretrial Incarceration
• Threat To Witnesses
• Medical Condition Of Accused

Plaatjies v S (CA&R 51/2024)

Plaatjies v S (CA&R 51/2024) [2024] ZAECBHC 38 (12 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 51/2024

Judge

Jolwana

The court found that the applicant failed to discharge the onus of establishing exceptional circumstances that would justify his release on bail under section 60(11)(a) of the Criminal Procedure Act. The applicant's medical condition, while new, was not shown to be so severe as to warrant release, especially given the correctional centre's capacity to provide necessary medical care, including specialist consultations. The evidence against the applicant, including his alleged involvement in the planning and execution of serious offences, posed a significant risk to witnesses and the integrity…

Source excerpt

• Bail On New Facts
• Exceptional Circumstances
• Schedule 6 Offences
• Pretrial Incarceration
• Constitutional Rights
• Medical Condition In Custody

Schyff v S (A94/22)

Schyff v S (A94/22) [2024] ZAWCHC 90 (25 March 2024)

Court

Western Cape High Court, Cape Town

Case number

A94/22

Judge

Thulare

The High Court dismissed a renewed bail application based on new facts, finding no exceptional circumstances and no basis to disturb the earlier refusal.

• Bail On New Facts
• Exceptional Circumstances
• Access To Fair Trial
• Legal Aid Provision
• Pre Trial Detention
• Bail-on-new-facts

Rune v S (82/2019)

Rune v S (82/2019) [2020] ZAFSHC 175 (16 October 2020)

Court

Free State High Court, Bloemfontein

Case number

82/2019

Judge

C Nekosie

The court found that the applicant failed to present any genuinely new facts that would justify reconsideration of bail. The alleged weakening of the state's case was based on the applicant's perception of witness quality, not on any witness contradicting the state's allegations. All witnesses who testified continued to incriminate the applicant as alleged. The addition of further charges increased the severity of potential sentence and the risk of absconding, rather than supporting bail. The impact of the COVID-19 pandemic was found to be ameliorated by the easing of restrictions and reopeni…

Source excerpt

• Bail On New Facts
• Exceptional Circumstances
• Schedule 6 Offences
• Witness Interference
• Covid19 Impact On Proceedings