South Africa Case Law

Magawu en Andere (CA&R139/2016)

Magawu en Andere (CA&R139/2016) [2017] ZANCHC 12 (9 January 2017)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 139/2016

Judge

Erasmus WnR

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…

Source excerpt

• Bail Application
• Prima Facie Case
• Onus Of Proof
• Schedule 6 Offence
• Extraordinary Circumstances
• Discretion Of Magistrate

S v Moloi (A389/2007)

S v Moloi (A389/2007) [2007] ZAGPHC 73 (6 June 2007)

Court

High Courts - Gauteng

Case number

A389/2007

Judge

Pretorius

Appeal against refusal of bail in a Schedule 6 robbery case succeeded after the court found extraordinary circumstances.

• Bail Application
• Extraordinary Circumstances
• Onus Of Proof
• Section 60 11 A Criminal Procedure Act
• Bail-application
• Extraordinary-circumstances