South Africa Case Law

Thoka and Another v National Director of Public Prosecutions, Gauteng Local Division, Johannesburg and Another (10016/2022)

Thoka and Another v National Director of Public Prosecutions, Gauteng Local Division, Johannesburg and Another (10016/2022) [2022] ZAGPJHC 260 (28 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

10016/2022

Judge

Crutchfield

The High Court dismissed an urgent application to reinstate bail pending sentence, holding that the applicants had to use the ordinary statutory bail process.

• Bail Pending Sentence
• Review Of Magistrate Decision
• Gross Irregularity
• Urgent Interim Relief
• Bail-pending-sentence
• Urgent-relief

Bader v S (A242/2019)

Bader v S (A242/2019) [2019] ZAGPPHC 498; 2020 (2) SACR 444 (GP) (23 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

A242/2019

Judge

P D Phahlane

The court held that bail is generally available only before conviction, and after conviction, the presumption of innocence no longer applies. The trial court retains discretion to extend bail until sentencing, but this discretion can only be challenged if exercised incorrectly. The appellant failed to demonstrate that the Magistrate's decision was wrong or that exceptional circumstances justified his release on bail pending sentencing. The interests of justice and all relevant factors were considered cumulatively, and the requirements of section 65(4) of the Criminal Procedure Act were not me…

Source excerpt

• Bail Pending Sentence
• Criminal Procedure Act
• Judicial Discretion On Bail

Doorewaard and Another v S (CAB33/2018)

Doorewaard and Another v S (CAB33/2018) [2018] ZANWHC 87 (6 December 2018)

Court

North West High Court, Mafikeng

Case number

CAB33/2018

Judge

Matlapeng

The High Court held it lacked jurisdiction to hear a fresh bail application pending sentence after conviction, upholding the State’s points in limine.

• Bail Pending Sentence
• Jurisdiction Of High Court
• Criminal Procedure Act
• Revocation Of Bail
• Bail-pending-sentence
• Criminal-procedure-act