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South Africa Case Law

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Criminal Law [2017] ZAGPJHC 23

Director of Public Prosecutions, Gauteng Local Division, Johannesburg v The Magistrate: Kagiso and Another (04168/2017)

Director of Public Prosecutions, Gauteng Local Division, Johannesburg v The Magistrate: Kagiso and Another (04168/2017) [2017] ZAGPJHC 23 (27 February 2017)

The High Court set aside a magistrate’s bail order after finding the prosecutor had not been allowed to oppose bail before it was granted.

  • Bail Review
  • Procedural Irregularity
  • Sexual Offences
  • Bail-review
  • Procedural-irregularity
  • Criminal-procedure
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Criminal Law [2014] ZAGPPHC 674

S v Raseu (134/2014(B))

S v Raseu (134/2014(B)) [2014] ZAGPPHC 674 (21 August 2014)

The High Court reviewed and set aside a magistrate’s order withdrawing bail after conviction, finding the discretion was not exercised judiciously.

  • Bail Review
  • Judicial Discretion
  • Criminal Procedure Act
  • Interests Of Justice
  • Bail-review
  • Judicial-discretion
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Criminal Law [2008] ZAECHC 212

Director of Public Prosecutions (Transkei) v Nkalweni and Another (1993/2008)

Director of Public Prosecutions (Transkei) v Nkalweni and Another (1993/2008) [2008] ZAECHC 212; 2009 (2) SACR 243 (Tk) (24 December 2008)

The High Court set aside a magistrate’s bail order, finding no jurisdictional facts under section 60(11)(a) and rejecting procedural objections as technical.

  • Bail Review
  • Exceptional Circumstances
  • Urgent Application
  • Service Of Process
  • Certificate Of Urgency
  • Bail-review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.