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South Africa decisions
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M.K and Another v S (A312/2022) [2025] ZAGPPHC 439 (8 May 2025)
The High Court refused bail pending reconsideration by the SCA President, finding that two convicted applicants failed to show exceptional circumstances.
Mkhangeli v S (CC130/10) [2025] ZAECMHC 13 (5 March 2025)
The High Court dismissed a bail pending appeal application, finding no exceptional circumstances and a risk of absconding, despite missing parts of the trial record.
Sibanyoni v S (A323/24) [2025] ZAGPPHC 201 (25 February 2025)
The court held that the appellant failed to establish exceptional circumstances justifying release on bail pending appeal as required by section 60(11)(a) of the Criminal Procedure Act. While being granted leave to appeal is an important consideration, it is not sufficient on its own to warrant bail. The appellant's previous abscondment, the seriousness of the offences, and the lengthy sentence imposed significantly increased the risk of flight. The court found no basis to interfere with the magistrate's exercise of discretion in refusing bail, as the appellant did not meet the statutory requ…
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Maleshane v S (Bail Appeal) (CAB 01/2025) [2025] ZANWHC 26 (7 February 2025)
The High Court dismissed a bail appeal pending appeal against conviction, finding that the interests of justice did not support release.
Martins v S (A49/2019) [2024] ZAWCHC 440 (17 December 2024)
Bail pending leave to appeal was refused after conviction and a 20-year sentence, with the court finding no compelling basis to interrupt the sentence.
Mooki v S (CAB 07/2024) [2024] ZANWHC 284 (14 November 2024)
The court held that the appellant failed to discharge the onus of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The appellant's reliance on personal circumstances, regular attendance at trial, and the State's non-opposition did not collectively or individually amount to exceptional circumstances. The seriousness of the offence, the lengthy sentence imposed, and the absence of substantial evidence addressing the interests of justice weighed against the granting of bail. The court found no misdirection in the decision of the court a quo and co…
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Watkins Jnr and Others v S (A258/2024) [2024] ZAGPPHC 1154 (5 November 2024)
High Court appeal on bail pending appeal succeeded after finding the lower court misdirected itself and exceptional circumstances were shown.
Mkila v S (4154/2024) [2024] ZAMPMHC 55 (23 September 2024)
The High Court dismissed an urgent bail-pending-appeal application because the appeal record had not yet been filed and the appeal was not before the court.
Sibanda and Others v S (096/2016) [2024] ZAGPJHC 955 (23 September 2024)
The High Court dismissed a bail pending appeal application by applicants convicted of racketeering, robbery and related offences, finding they had not shown the interests of justice justified release.
Coetzee v S (A137/2024) [2024] ZAGPPHC 964 (19 September 2024)
The High Court refused bail pending appeal after a murder conviction, finding no exceptional circumstances and a real risk of abscondment and danger to society.
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