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South Africa decisions
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Pather v S (1490/24P) [2024] ZAKZPHC 30 (28 March 2024)
The High Court refused a postponement and dismissed an application to extend bail beyond earlier consent orders, holding that the relief would create conflicting orders.
Nkosi v The Regional Magistrate,Boksburg and Another (17383/2019) [2022] ZAGPJHC 577 (19 August 2022)
The High Court granted leave to appeal to the Full Court after finding reasonable prospects of success, and extended the applicant’s bail pending the appeal.
Van der Walt v Director of Public Prosecutions Mpumalanga (31/5/2019)) [2019] ZAMPMBHC 9; LEGODI JP (23 October 2019)
The court held that it does not have the legislative competence to consider reasonable prospects of success on appeal for the purpose of extending bail pending petition to the Supreme Court of Appeal. The Superior Courts Act expressly excludes such competence, and there is no basis for distinguishing between standards of proof for leave to appeal and extension of bail. The court rejected the argument that it has inherent powers to do so under common law or the Constitution. The Supreme Court of Appeal is best suited to deal with bail extensions in these circumstances. Even if the court had co…
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