South Africa Case Law

Magawu v S (CA&R28/2018)

Magawu v S (CA&R28/2018) [2018] ZANCHC 71 (2 October 2018)

Court

Northern Cape High Court, Kimberley

Case number

CA&R28/2018

Judge

Pakati

The court found that the applicant failed to establish new facts constituting exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act. The alleged deterioration of his medical and psychological condition was not substantiated by objective medical reports, and the evidence presented was inconsistent with the detailed reports from prison authorities. The applicant's access to medical care and legal representation was confirmed, and his complaints regarding prison conditions did not amount to exceptional circumstances justifying bail. The interests of justice, co…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Schedule 6 Offences
• Right To Fair Trial
• Conditions Of Detention

Mbhele and Another v Minister of Police (AR790/16)

Mbhele and Another v Minister of Police (AR790/16) [2017] ZAKZPHC 45 (3 November 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR790/16

Judges

D. Pillay, A.N Jappie

Appeal against damages for unlawful arrest and detention dismissed; the R65,000 award stood, and the second claimant’s arrest was held lawful.

• Unlawful Arrest
• Quantum Of Damages
• Iniuria
• Conditions Of Detention
• Unlawful-arrest
• Detention-damages

Maharaj v Minister of Safety and Security (11275/2012)

Maharaj v Minister of Safety and Security (11275/2012) [2017] ZAKZDHC 38 (5 October 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

11275/2012

Judge

D Pillay

The High Court held the Minister liable for Neelka Maharaj’s unlawful arrest, detention, sexual harassment, and inhumane custody conditions.

• Unlawful Arrest
• Unlawful Detention
• Sexual Harassment In Custody
• Bill Of Rights Violation
• Damages For Police Misconduct
• Conditions Of Detention

Panayiotou v S (CA&R 06 /2015)

Panayiotou v S (CA&R 06 /2015) [2015] ZAECGHC 73 (28 July 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 06/2015

Judge

Goosen

The court held that the Provincial Division had jurisdiction to hear the bail appeal and that the appellant was not entitled to adduce new evidence on appeal, as such evidence must first be placed before the magistrate in accordance with section 65(2) of the Criminal Procedure Act. On the merits, the court found no material misdirection or error in the magistrate's refusal of bail. The magistrate correctly considered all relevant factors, including the strength of the state case, the risk of flight, the likelihood of interference with witnesses or evidence, and the conditions of detention. Th…

Source excerpt

• Bail Application
• Exceptional Circumstances
• Onus Of Proof
• Flight Risk
• Interference With Witnesses
• Conditions Of Detention

Lee v Minister of Correctional Services (CCT 20/12)

Lee v Minister of Correctional Services (CCT 20/12) [2012] ZACC 30; 2013 (2) BCLR 129 (CC); 2013 (2) SA 144 (CC); 2013 (1) SACR 213 (CC) (11 December 2012)

Court

Constitutional Court

Case number

CCT 20/12

Judges

Nkabinde, Moseneke, Froneman, Jafta, Van der Westhuizen, Cameron, Mogoeng, Khampepe, Skweyiya

The Constitutional Court held that the Correctional Services authorities were negligent in failing to implement adequate systemic measures to prevent TB infection in Pollsmoor Prison. The Court found that the Supreme Court of Appeal erred by applying an inflexible but-for test for causation, which required the applicant to prove the source of infection and that reasonable measures would have eliminated all risk. Instead, the Court endorsed a flexible approach, holding that it is sufficient for the applicant to show that proper systemic measures would have reduced the risk of contagion and tha…

Source excerpt

• Conditions Of Detention
• State Liability
• Causation In Delict
• Bill Of Rights Limitation
• Negligent Omission
• Remedies For Rights Infringement

Visagie v S (CC91/03)

Visagie v S (CC91/03) [2012] ZAGPPHC 367 (3 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

CC91/03

Judge

P.M. Mabuse

The High Court refused bail to an accused in the Boeremag trial, finding a real risk of absconding and accepting that prison medical and diet needs were addressed.

• Bail Application
• Onus Of Proof
• Conditions Of Detention
• Medical Treatment In Custody
• Bail-application
• Absconding-risk