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South Africa decisions
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Mogoto v S (Bail Appeal) (BA 14/2024) [2025] ZAMPMHC 4 (20 February 2025)
Bail appeal against refusal of bail in a Schedule 6 rape matter dismissed. The court held that no exceptional circumstances were shown and the magistrate did not misdirect himself.
Sejake v S (A148/2021) [2021] ZAFSHC 331 (17 December 2021)
High Court appeal against refusal of bail upheld; bail granted on conditions after finding the magistrate focused too narrowly on the strength of the State's case.
Magawu en Andere (CA&R139/2016) [2017] ZANCHC 12 (9 January 2017)
The court held that the appellants failed to discharge the onus of proving extraordinary circumstances justifying their release on bail for Schedule 6 offences. The magistrate correctly considered the cumulative strength of the State's case, which was supported by cellphone records, witness statements, and corroborating evidence. The court found that the State's case was not based solely on the section 204 witness but was reinforced by independent evidence. The personal circumstances and concessions made by Colonel Lourens did not amount to extraordinary circumstances. The magistrate did not…
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Magawu en Andere v S (139/2016) [2017] ZANCHC 4 (9 January 2017)
The court held that the magistrate correctly considered the cumulative strength of the State's case, which was based on multiple sources including cellphone records, witness statements, and corroborating evidence. The appellants failed to present strong independent evidence indicative of their innocence and did not discharge the onus to prove exceptional circumstances justifying release on bail. The concessions made by the investigating officer regarding flight risk and interference with witnesses did not amount to exceptional circumstances, as they were qualified and did not negate the serio…
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Mfeketho and Others v S (CA&R193/2014) [2014] ZAECGHC 67 (21 July 2014)
The magistrate misdirected herself by focusing primarily on the strength of the State's case and by according little or no weight to the affidavit evidence presented by the appellants. The bail application did not challenge the merits of the prosecution case in detail, and the investigating officer's evidence supported the appellants' assertions that they posed no flight risk and would not interfere with the investigation. The magistrate failed to properly consider the appellants' liberty interests and the uncontested personal circumstances. As a result, the discretion to refuse bail was wron…
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