South Africa Case Law

R.B and Another v S (Bail Appeal) (A74/2024)

R.B and Another v S (Bail Appeal) (A74/2024) [2025] ZAWCHC 216 (23 May 2025)

Court

Western Cape High Court, Cape Town

Case number

A74/2024

Judge

Mapoma

The court found that the magistrate misdirected herself by failing to properly consider the evidence presented by the appellants regarding the weakness of the state case and the existence of exceptional circumstances. The magistrate did not objectively assess whether the state case was so weak as to justify bail, instead making findings of fact on contested charges. The evidence showed that the appellants were not flight risks, as they returned to South Africa to face charges despite having the opportunity to remain abroad. The interests of justice, including the best interests of the minor c…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Flight Risk
• Child Care And Protection
• Sexual Offences
• Burden Of Proof

Cassim NO v MEC, Department of Social Development, Free State and Others (2477/2020)

Cassim NO v MEC, Department of Social Development, Free State and Others (2477/2020) [2020] ZAFSHC 128; 2021 (1) SA 184 (FB) (17 August 2020)

Court

Free State High Court, Bloemfontein

Case number

2477/2020

Judge

M A Mathebula

The court found that the minor child, a vulnerable individual with special needs, was unlawfully denied access to a suitable school and hostel due to conditional admission requirements imposed by the school and governing body. These conditions contravened statutory and constitutional principles, including the paramountcy of the child's best interests and the right to education. The SIAS policy mandates an integrated approach to supporting learners with barriers, and the respondents failed to provide cogent reasons for excluding the child pending rehabilitation. The urgency of the matter was e…

Source excerpt

• Child Care And Protection
• Best Interests Of Child
• Right To Education
• School Admission Policy
• Urgent Interdict
• Constitutional Rights

K.A.N. v Member Of The Executive Council For Social Development, Eastern Cape and Others (424)

K.A.N. v Member Of The Executive Council For Social Development, Eastern Cape and Others (424) [2014] ZAECBHC 5 (8 April 2014)

Court

Eastern Cape High Court, Bhisho

Case number

424

Judge

J.E Smith

The High Court ordered a foster child grant application to be processed, required a social worker’s care-and-protection report, and awarded costs against the respondents.

• Foster Child Grant
• Child Care And Protection
• Social Assistance Act
• Constitutional Obligations Of State
• Foster-child-grant
• Child-care-and-protection