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South Africa decisions
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S v Kula (CC21/2023) [2024] ZANWHC 165 (3 June 2024)
The High Court cancelled the accused’s bail and forfeited R50,000 after finding breaches of bail conditions, including contact with children and state witnesses.
D[....] v S (A53/2021) [2021] ZAGPJHC 71 (25 June 2021)
High Court dismissed an appeal and review against cancellation of bail and forfeiture of bail money after the appellant unlawfully contacted the complainant.
Nel v S (A12/2021) [2021] ZAGPPHC 92 (3 March 2021)
High Court appeal against refusal of bail dismissed. The court held that the appellant failed to show that the interests of justice permitted release.
Mathibela v S (CC149/16) [2020] ZAGPPHC 243 (18 March 2020)
The High Court refused condonation and leave to appeal against a bail cancellation order, finding no reasonable prospects of success and inadequate explanation for delay.
Packham v S (CC50/2018) [2019] ZAWCHC 51 (27 February 2019)
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.
S v Packham (CC50/2018) [2018] ZAWCHC 183 (20 December 2018)
High Court decision revoking bail after finding the accused breached conditions by contacting a witness and using electronic communications.
Rajjab v S (CA&R 11/2016) [2016] ZAECPEHC 64 (22 September 2016)
The court found that the appellant failed to present any new facts in his second bail application, merely elaborating on previously raised aspects. The evidence showed that the appellant breached bail conditions, continued to commit similar offences, and possessed numerous official documents, supporting the State's contention that he is a flight risk and likely to undermine the criminal justice system. The seriousness of the charges, the strength of the State's case, and the likelihood of a lengthy custodial sentence further weighed against release. The interests of justice do not permit the…
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Maimela v S (A 263/16) [2016] ZAGPPHC 687 (21 July 2016)
The High Court dismissed a bail appeal by an accused facing Schedule 6 offences, finding no exceptional circumstances and confirming detention pending trial.
S v Ehrlich (309/2002) [2002] ZASCA 108; 2003 (1) SACR 43 (SCA) (13 September 2002)
The Supreme Court of Appeal held that the appellant failed to establish exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The appellant's predicament regarding legal representation was largely of his own making, and his repeated breaches of bail and suspended sentence conditions demonstrated a lack of trustworthiness. The magistrate's refusal to grant bail was a proper exercise of discretion, and there was no basis for interference. The appeal was therefore dismissed.
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