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South Africa decisions
Decisions matching the current search
Yosana v Director of Public Prosecutions, Western Cape (CC40/2020) [2025] ZAWCHC 263 (20 June 2025)
Second bail application based on alleged new facts dismissed. The Court held that a witness recantation, banking hardship, and trial delay did not justify release.
Carneiro v S (425/18) [2019] ZASCA 45; 2019 (1) SACR 675 (SCA) (29 March 2019)
The Supreme Court of Appeal upheld a murder conviction appeal, finding serious delay and unreliable State evidence, with no proof beyond reasonable doubt.
Nogqala v S (A200/17) [2018] ZAWCHC 43 (9 March 2018)
The High Court upheld an appeal against refusal of bail, finding exceptional circumstances from lengthy pre-trial detention, trial delay, and witness unavailability.
Njokweni v S (CC 16/13) [2013] ZAECPEHC 39 (7 August 2013)
High Court bail application in a serious Schedule 6 matter refused because the applicant failed to show changed circumstances or exceptional circumstances.
Memeza and Others v S (A310/2012) [2013] ZAFSHC 27 (14 March 2013)
The court found that the magistrate erred in concluding that the strength of the state case could not be assessed before the closure of the state case. Upon review of the evidence, the court determined that the state had a strong case against all appellants in respect of charge 1, and against the first, second, and third appellants in respect of charge 2. The case against the fourth, fifth, and sixth appellants on charge 2 was only prima facie, based on cellular phone evidence, and the case against all appellants on charge 3 was weak due to inadmissibility of key evidence and lack of identifi…
Source excerpt
S v Nthongoa, S Hlaza and Another, S v Mtshali and Another, S v Qhamakoane and Others, S v Makhalema, S v Chabalele and Another, S v Mathozi and Others, S v Tofu and Others, S v Hlakoane and Another, S v Mboweni, S v Ngxatha and Others, S v Motsoeneng and Others, S v November, S v Sebotho and Another, S v Seitlheko and Others, S v Ngxoboyi, S v Mokhuma and Others (90/2012) [2012] ZAFSHC 90 (10 May 2012)
The High Court held that 17 partly heard criminal matters became a nullity after the trial magistrate became absolutely unavailable, and authorised de novo proceedings.
Molakeng v S (A180/2009) [2011] ZAWCHC 397 (31 October 2011)
The High Court partly reduced and partly suspended a criminal sentence, finding the magistrate had underweighted time spent awaiting trial.
Godi v S (A683/09) [2011] ZAWCHC 247 (31 May 2011)
The High Court confirmed Zola Godi’s rape conviction and 15-year sentence, holding the evidence was sufficient and the trial delays did not justify interference.
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