South Africa Case Law

S v Ruiters (CC 012023)

S v Ruiters (CC 012023) [2025] ZAWCHC 91 (7 March 2025)

Court

Western Cape High Court, Cape Town

Case number

CC01/2023

Judge

Slingers

The court found that Mr Ruiters breached his bail conditions by failing to report to the police station as required. His arrest and detention were the result of his own conduct, and the lawfulness of the arrest was not disputed. On a balance of probabilities, the court held that the impossibility of complying with bail conditions was due to fault on Mr Ruiters' part. The onus shifted to Mr Ruiters to present facts to persuade the court not to cancel bail or declare it forfeited. He elected not to apply for bail or provide any explanation for his failure to do so, and did not present any facts…

Source excerpt

• Bail Cancellation
• Onus Of Proof
• Failure To Comply With Bail Conditions
• Fault Requirement
• Criminal Procedure Act Section 66

S v Packham (CC50/2018)

S v Packham (CC50/2018) [2018] ZAWCHC 183 (20 December 2018)

Court

Western Cape High Court, Cape Town

Case number

CC50/2018

Judge

Baartman

High Court decision revoking bail after finding the accused breached conditions by contacting a witness and using electronic communications.

• Bail Revocation
• Breach Of Bail Conditions
• Criminal Procedure Act Section 66
• Witness Intimidation
• Bail-revocation
• Breach-of-bail-conditions

Rauf and Another v S (A84/16)

Rauf and Another v S (A84/16) [2016] ZAGPPHC 187 (18 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

A84/16

Judges

H.J Fabricius, A.A Louw, W. Hughes

The High Court dismissed an appeal against bail cancellation and forfeiture after finding credible evidence that the appellants breached bail conditions by intimidating witnesses.

• Bail Cancellation
• Forfeiture Of Bail Money
• Criminal Procedure Act Section 66
• Witness Intimidation
• Bail-cancellation
• Bail-forfeiture