South Africa Case Law

Henderson v S (Bail Appeal) (CA & R 62/2024)

Henderson v S (Bail Appeal) (CA & R 62/2024) [2025] ZANCHC 27 (5 March 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 62/2024

Judge

Tyuthuza

The court found that the appellant failed to introduce new facts in the second bail application that were sufficiently different or relevant to warrant reconsideration of bail. Most of the evidence presented was either available at the time of the first application or constituted hearsay, and did not alter the position established previously. The appellant did not provide a credible explanation for the presence of his cellphone at the crime scene, nor did he rebut the prima facie case against him. The court considered the seriousness of the charges, the use of a firearm, the risk to the compl…

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• Bail Pending Trial
• Exceptional Circumstances
• Criminal Procedure Act Section 60
• Schedule 6 Offences
• Onus Of Proof
• Appeal On New Facts

Mnguni and Others v S (A875/2012)

Mnguni and Others v S (A875/2012) [2019] ZAGPPHC 587 (31 October 2019)

Court

North Gauteng High Court, Pretoria

Case number

A875/2012

Judge

Maumela

The court held that its role was appellate and not to determine afresh whether bail should be granted, but whether the lower court misdirected itself in refusing bail. The offences charged are serious and fall under Schedule 6, requiring proof of exceptional circumstances for bail. The appellants' personal circumstances, as presented, did not amount to substantial or exceptional circumstances justifying interference with the lower court's decision. The court found no misdirection or error in the lower court's reasoning or exercise of discretion. Consequently, there was no basis to overturn th…

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• Bail Pending Trial
• Exceptional Circumstances
• Appellate Review
• Murder Charge
• Robbery With Aggravating Circumstances

Munyai v S (A109/2016)

Munyai v S (A109/2016) [2017] ZAGPJHC 121; [2017] 3 All SA 23 (GJ); 2017 (2) SACR 168 (GJ) (22 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A109/2016

Judges

Sutherland, Shangisa

Appeal against a rape conviction and life sentence succeeded in part: the court set aside the conviction and sentence and remitted the matter for further evidence.

• Rape
• Recantation Of Evidence
• Adducing Further Evidence On Appeal
• Credibility Of Witnesses
• Case Management
• Bail Pending Trial

Molefe v S (A 391/11)

Molefe v S (A 391/11) [2011] ZAGPJHC 159 (14 October 2011)

Court

South Gauteng High Court, Johannesburg

Case number

A 391/11

Judge

FHD Van Oosten

Appeal against refusal of bail pending trial dismissed in a Schedule 5 fraud and theft case involving an alleged South African Post Office syndicate.

• Bail Pending Trial
• Schedule 5 Offences
• Corruption
• Fraud
• Theft
• Bail-pending-trial

Petersen v S (A717/07)

Petersen v S (A717/07) [2008] ZAWCHC 11; [2008] 3 All SA 301 (C) ; 2008 (2) SACR 355 (C) (27 February 2008)

Court

Western Cape High Court, Cape Town

Case number

A717/07

Judges

D H Van Zyl, J M Hlophe, K E Matojane

The court found that the appellant had not discharged the onus of proving exceptional circumstances justifying her release on bail pending trial for a schedule 6 offence. The so-called new facts presented in the second bail application were either known at the time of the first application or were speculative and did not materially alter the case. The appellant's improved health undermined her claim of exceptional circumstances, and the necessity for continuous nursing and family support was not substantiated. The evidence showed that Zaynab's primary caregivers were the deceased and domestic…

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• Bail Pending Trial
• Exceptional Circumstances
• Child Care And Best Interests
• Onus Of Proof
• Schedule 6 Offences