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South Africa decisions
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M.K and Another v S (A312/2022) [2025] ZAGPPHC 439 (8 May 2025)
The High Court refused bail pending reconsideration by the SCA President, finding that two convicted applicants failed to show exceptional circumstances.
Henderson v S (Bail Appeal) (CA & R 62/2024) [2025] ZANCHC 27 (5 March 2025)
The court found that the appellant failed to introduce new facts in the second bail application that were sufficiently different or relevant to warrant reconsideration of bail. Most of the evidence presented was either available at the time of the first application or constituted hearsay, and did not alter the position established previously. The appellant did not provide a credible explanation for the presence of his cellphone at the crime scene, nor did he rebut the prima facie case against him. The court considered the seriousness of the charges, the use of a firearm, the risk to the compl…
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Sibanyoni v S (A323/24) [2025] ZAGPPHC 201 (25 February 2025)
The court held that the appellant failed to establish exceptional circumstances justifying release on bail pending appeal as required by section 60(11)(a) of the Criminal Procedure Act. While being granted leave to appeal is an important consideration, it is not sufficient on its own to warrant bail. The appellant's previous abscondment, the seriousness of the offences, and the lengthy sentence imposed significantly increased the risk of flight. The court found no basis to interfere with the magistrate's exercise of discretion in refusing bail, as the appellant did not meet the statutory requ…
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Cele v S (CA&R 13/2024) [2025] ZAECMHC 2 (21 January 2025)
The High Court dismissed a bail appeal in a Schedule 6 murder and firearm case, finding the notice of appeal defective and no exceptional circumstances shown.
Motshelanoka v S (Bail Appeal) (CAB15/2024) [2024] ZANWHC 251 (9 October 2024)
The High Court dismissed a bail appeal in a murder matter, holding that the appellant had not shown that the interests of justice permitted release.
Louis v S (139/2023; A452/2012) [2024] ZAGPPHC 667 (8 May 2024)
High Court appeal against refusal of bail dismissed after finding a strong prima facie case, flight risk, and insufficient proof that release was in the interests of justice.
Banawo v S (684/2024P) [2024] ZAKZPHC 14 (26 February 2024)
High Court appeal dismissed against refusal of bail in a conspiracy-to-murder case, after the court found a real risk of witness interference.
S.W.B v S (15491/23P) [2023] ZAKZPHC 158 (19 December 2023)
The High Court upheld a bail appeal in a Schedule 6 rape case, finding exceptional circumstances and replacing the refusal order with bail and strict conditions.
Zondi and Others v S (A66/2023) [2023] ZAGPJHC 975 (28 August 2023)
The court held that the offences charged are Schedule 6 offences, requiring the appellants to prove exceptional circumstances justifying bail. The appellants relied solely on affidavits, which were not subject to cross-examination and lacked corroboration. The witness statements provided by the State detailed the appellants' arrest at the crime scene and possession of firearms. The court found that the appellants failed to establish exceptional circumstances on a balance of probabilities, and their personal circumstances did not meet the threshold required by section 60(11)(a) of the Criminal…
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Tshivenga v S - Appeal (2248/2023) [2023] ZAFSHC 327 (17 August 2023)
The Free State High Court dismissed leave to appeal against a bail refusal, holding that the alleged new facts did not amount to exceptional circumstances.
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