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South Africa decisions
Decisions matching the current search
Tabatha v S (Bail Appeal) (CA&R 04/25) [2025] ZAECMHC 21 (27 March 2025)
High Court dismissed a bail appeal in a domestic-related attempted murder case, holding the accused failed to prove release was in the interests of justice.
Leach v S (Bail) (CC20/2023) [2024] ZAECQBHC 85 (30 July 2024)
The High Court refused bail to the applicant, finding no exceptional circumstances on a schedule 6 case and accepting the State’s strong prima facie evidence.
Ngwenya and Another v S (CC22/2023) [2024] ZANWHC 146 (20 June 2024)
High Court bail decision refusing release to two accused facing Schedule 6 charges, finding the State case strong and the risk of witness interference real.
Mahungela v S (A48-2024) [2024] ZAGPJHC 581 (19 June 2024)
Bail appeal dismissed in a murder, robbery and rape matter. The court upheld refusal of bail, finding a strong prima facie case and no exceptional circumstances.
Zitha v Minister of Police and Another (735/2019) [2024] ZAECBHC 9 (26 April 2024)
The court found that the arresting officer, Sergeant Ngcatshe, had reasonable suspicion to arrest the plaintiff for robbery with aggravating circumstances, based on the complainant's statement and personal verification. The arrest was lawful under section 40(1)(b) of the Criminal Procedure Act. The officer exercised his discretion properly, and no procedural irregularities were established. The plaintiff's continued detention was due to his own election to abandon bail, and the existence of pending serious charges, not any misconduct by the defendants. The prosecution was based on objective e…
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Sibeko v S (CA56/2020; 40/2019) [2024] ZANWHC 76; 2024 (2) SACR 25 (NWM) (19 March 2024)
The appeal court found that the Regional Magistrate committed a material irregularity by introducing evidence from the bail proceedings into the judgment on conviction without affording the parties an opportunity to address its admissibility. This practice violated the appellant's right to a fair trial, as the bail record was used to reject the appellant's version and the defence witness's evidence, despite not being properly admitted during the trial. The court held that section 60(11B)(c) of the Criminal Procedure Act does not render the bail record automatically admissible; its use must be…
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Namlela and Another v S (CA&R 16/2024) [2024] ZAECMKHC 25 (7 March 2024)
High Court bail appeal refusing further evidence and upholding bail refusal because the appellants were found to be flight risks.
Engelbrecht v S - Bail Application (CC76/2021) [2023] ZAWCHC 327 (22 December 2023)
The High Court dismissed a Schedule 6 bail application, finding that the applicant had not shown exceptional circumstances to justify release pending trial.
Mafunda v S (A02 / 2022) [2022] ZAGPJHC 138 (14 March 2022)
The High Court granted bail after finding the State’s case unclear and weak, and holding that the 5-year trial delay amounted to exceptional circumstances.
Nontsele v Minister of Police and Another (643/2016) [2021] ZAECMHC 29 (12 August 2021)
The court held the initial arrest lawful but found unlawful extended detention after bail refusal because material weaknesses in the state case were not disclosed.
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