South Africa Case Law

W.A.P v S (A3502/2023)

W.A.P v S (A3502/2023) [2024] ZAGPPHC 1053 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

A3502/2023

Judges

Millar, Suder

The court found that the complainant's evidence was credible, reliable, and corroborated by her mother and medical testimony. The trial court correctly applied the cautionary rules and assessed the evidence in accordance with statutory and case law. The appellant's version was found to be improbable and not reasonably possibly true. The absence of physical injuries was explained by medical evidence and did not constitute a substantial and compelling circumstance. The trial was conducted properly, and the appellant had ample opportunity to challenge the evidence. The prescribed minimum sentenc…

Source excerpt

• Rape
• Minimum Sentences
• Child Witness Evidence
• Credibility Assessment
• Appeal Procedure
• Bail Revocation

Deranarian v Director of Public Prosecutions and Others (2024/082016)

Deranarian v Director of Public Prosecutions and Others (2024/082016) [2024] ZAGPJHC 755 (5 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/082016

Judge

M V Noko

Urgent review of a magistrate’s bail revocation and forfeiture order was dismissed after the court found no reviewable irregularity and upheld reliance on contradictory medical evidence.

• Bail Revocation
• Review Of Magistrate Decision
• Gross Irregularity
• Admissibility Of Evidence
• Urgent Application
• Bail-revocation

Packham v S (CC50/2018)

Packham v S (CC50/2018) [2019] ZAWCHC 51 (27 February 2019)

Court

Western Cape High Court, Cape Town

Case number

CC50/2018

Judge

Baartman

The High Court refused leave to appeal against revocation of bail, finding no prospects of success where the applicant breached bail conditions by contacting a potential state witness.

• Bail Revocation
• Breach Of Bail Conditions
• Witness Protection
• Superior Courts Act
• Criminal Procedure Act
• Bail-revocation

S v Packham (CC50/2018)

S v Packham (CC50/2018) [2018] ZAWCHC 183 (20 December 2018)

Court

Western Cape High Court, Cape Town

Case number

CC50/2018

Judge

Baartman

High Court decision revoking bail after finding the accused breached conditions by contacting a witness and using electronic communications.

• Bail Revocation
• Breach Of Bail Conditions
• Criminal Procedure Act Section 66
• Witness Intimidation
• Bail-revocation
• Breach-of-bail-conditions

S v Nqumashe (CA&R 35/01)

S v Nqumashe (CA&R 35/01) [2001] ZANCHC 8; [2001] 4 All SA 471 (NC); 2001 (2) SACR 310 (NC) (11 May 2001)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 35/01

Judge

Majiedt R

The court held that an order revoking bail under section 68 of the Criminal Procedure Act is appealable and that the right of appeal is automatic. The revocation of bail, like the refusal of bail, results in the deprivation of liberty and should be subject to the same principles. The court found that the State had discharged its burden of proof on a balance of probabilities, presenting credible evidence through Captain Lourens, who acted promptly and seriously upon receiving information from an informer about a plot to murder a key witness. The appellant's denials and explanations were found…

Source excerpt

• Bail Revocation
• Appealability Of Bail Orders
• Burden Of Proof
• Hearsay Evidence In Bail
• Public Policy Informers

S v Kyriacou (535/2000)

S v Kyriacou (535/2000) [2001] ZASCA 1 (15 January 2001)

Court

Supreme Court of Appeal

Case number

535/2000

Judges

Vivier, Olivier, Streicher

The Supreme Court of Appeal dismissed an appeal against revocation of bail, holding that the High Court was entitled to find revocation required in the interests of justice.

• Bail Revocation
• Criminal Procedure Act
• Right Of Appeal
• Constitutional Rights
• Bail-revocation
• Criminal-procedure