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South Africa decisions
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Swart v S (A01/2025) [2025] ZAGPJHC 367 (26 March 2025)
The High Court upheld a bail appeal, set aside the magistrate’s refusal, and granted the appellant bail of R1,000 under conditions after finding the interests of justice permitted release.
Mabula v S (A58/2024) [2024] ZAGPJHC 675 (23 July 2024)
The High Court dismissed an appeal against refusal of bail pending an appeal on sentence only, holding there was no misdirection by the magistrate.
Mda v S (CA&R 80/2024) [2024] ZAECMKHC 66 (11 June 2024)
High Court bail appeal upheld after finding the magistrate misdirected herself; the appellant was admitted to bail with reporting and contact conditions.
Skosana v S (A206/2023) [2023] ZAGPPHC 701 (18 August 2023)
High Court appeal succeeded in a bail matter arising from an attempted murder charge. The refusal of bail was set aside and bail was granted with conditions.
Mgumbi v S (A214/2021) [2022] ZAWCHC 35; 2022 (1) SACR 478 (WCC) (16 March 2022)
High Court appeal in a Schedule 6 bail matter held the regional magistrate erred by refusing to hear evidence on new facts and remitted the case for rehearing.
Olantunji v S (A200/2019) [2020] ZAGPJHC 51 (27 January 2020)
High Court appeal against refusal of bail dismissed after finding the appellant a flight risk with limited ties to South Africa and a possible propensity for similar offences.
Manaka v S (A417/2015) [2016] ZAGPJHC 1 (15 January 2016)
The High Court upheld an appeal against refusal of bail pending appeal and granted the appellant bail of R5,000 subject to reporting and other conditions.
Prinsloo v S (613/2013) [2013] ZASCA 178 (29 November 2013)
The Supreme Court of Appeal held that a trial court was not functus officio and had to hear a fresh bail application based on new facts pending appeal.
Nkhi v S (A20/13) [2013] ZAGPPHC 317 (1 November 2013)
Appeal against refusal of bail on new facts dismissed. The court held the proposed lease was a sham and electronic disclosure issues did not justify release.
S v Verwey and Others (A796/05) [2006] ZAGPHC 11 (30 January 2006)
The High Court found that the Regional Magistrate misdirected himself in evaluating the evidence, particularly that of the investigating officer, who did not oppose bail if stringent conditions were imposed. The State's case was not watertight, and the appellants' constitutional rights should not be compromised by incomplete investigations. The risks identified by the State could be mitigated by appropriate bail conditions. The interests of justice, balanced against the seriousness of the charges and the appellants' circumstances, justified granting bail with strict conditions and a substanti…
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